Pa. DEP Must Rule On Utica Shale Pooling Rights, Judge Says

Law360, Philadelphia (November 21, 2013, 5:18 PM EST) -- The Pennsylvania Environmental Hearing Board ruled Wednesday that the state’s Department of Environmental Protection must decide whether a gas producer can establish a pool of natural gas in a section of the Utica Shale in western Pennsylvania that it does not fully control.

The board said the DEP erred in telling Hilcorp Energy Co. to take its request directly to the court, concluding that the agency misinterpreted a state law governing the Utica Shale formation, which sits underneath the Marcellus Shale.

Hilcorp had asked the board to...
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