The Murky Waters Of Pa.’s Conservation Law

Law360, New York (December 16, 2013, 12:43 PM EST) -- On Nov. 20, 2013, the Pennsylvania Environmental Hearing Board provided a compass for operators interested in applying for compulsory pooling orders with respect to oil and gas resources below the Onondaga Horizon.

In Hilcorp Energy Co. v. Pennsylvania Department of Environmental Protection, the board ruled it does not have original jurisdiction to issue orders under Pennsylvania’s Oil and Gas Conservation Law. Rather, operators must first file an application with the Department of Environmental Protection, whose decision may be appealed to the EHB.[1]

To put the Hilcorp...
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