SB 1088/HB 2154 Rolling back regulations for the conventional oil and gas industry.

By having the law revert back to 1984 (minus even some protections from 1984), Senate Bill 1088 attempts to make permanent unacceptable risks to the environment and public health, and runs afoul of court decisions that protect public resources and local control. Senate Bill 1088 eliminates the protections for public resources that were in the 1984 law. When making a determination on a well permit, the DEP will no longer have to consider the impact of the proposed well on parks, forests, game lands and wildlife areas, scenic rivers, natural landmarks, habitats of rare and endangered species, and listed historic and archeological sites. 

Senate Bill 1088 includes language related to the preemption of local ordinances regulating land development. These provisions concerning state preemption of local control clearly run afoul of the Pennsylvania Supreme Court’s Robinson Township decision based on the Environmental Rights Amendment to the Pennsylvania Constitution. This legislation also weakens current environmental and public health protections.  For example, Senate Bill 1088 minimizes the reporting requirements for brine spillage and weakens the standards for spill cleanup.