Act 13 And Pennsylvania Fracking: The Drama Continues

Law360, New York (December 13, 2016, 4:25 PM EST) -- Four years ago, the Pennsylvania General Assembly passed Act 13 of 2012, a comprehensive overhaul and replacement of the Commonwealth's Oil and Gas Act of 1984. While Act 13 is largely self-implementing, its passage into law spurred the Pennsylvania Department of Environmental Protection (PADEP) to reexamine and make more stringent the regulations applicable to unconventional operators through the adoption of Chapter 78a.

Legal challenges to Act 13 and Chapter 78a continue to advance at a rapid pace. In late September, the Pennsylvania Supreme Court issued Robinson IV, a significant decision that finally resolves key challenges to the validity of parts of...

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