Environmental Sustainability and Pennsylvania's Laws on Groundwater Protection During Shale Gas Development

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This presentation by Elizabeth Ferrell Bjerke, JD from Widener University School of Law delves into the legal methodologies and major federal and Pennsylvania environmental laws relevant to safeguarding groundwater during unconventional shale gas development. Lessons learned from Marcellus Shale Development provide insights for sustainable energy practices.


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  1. Environmental Sustainability and Pennsylvania s Laws Pertaining to the Protection of Groundwater Before, During, and After Unconventional Shale Gas Development Marcellus Shale Development and Pennsylvania: What Lessons for Sustainable Energy? Widener University School of Law September 27, 2013 Elizabeth Ferrell Bjerke, JD

  2. Environmental Sustainability: Protection of Groundwater

  3. Legal Methodology Identification of laws Coding of laws Applying analysis to scenarios Groundwater contamination from well failure Groundwater contamination from spills Groundwater contamination from wastewater storage

  4. Major Federal Environmental Laws National Environmental Policy Act (43 USC 4321 et seq.) Federal Water Pollution Control Act ( Clean Water Act ) (33 USC 1251 et seq.) Safe Drinking Water Act (42 USC 300f et seq.) Resource Conservation and Recovery Act (42 USC 6901 et seq.) Comprehensive Environmental Response, Compensation and Liability Act ( CERCLA ) (42 USC 9601 et seq.)

  5. Major Pennsylvania Environmental Laws Oil and Gas Act (58 P.S. 601.101 et seq.) Oil and Gas Conservation Law (58 P.S. 401-419) Clean Streams Law (35 P.S. 691.1 et seq.) Solid Waste Management Act (35 P.S. 6018.101 et seq.) Act 14 Section 1905-A of the Administrative Code (52 P.S. 3301et seq.) Hazardous Sites Clean Up Act (35 P.S. 6020.101 et seq.) PADEP Regulations (25 Pa. Code Chapters 78, 79, 91, 92a, 93, 95 and 96) OMNIBUS AMENDMENT TO THE OIL AND GAS ACT ( ACT 13 ) (58 Pa. C.S. 2301 et seq.)

  6. Waste from Unconventional Shale Gas Development = Residual Waste

  7. Storage of Wastewater

  8. Thank you! Elizabeth Ferrell Bjerke, JD Director, JD/MPH Program Visiting Assistant Professor, Health Policy and Management Adjunct Professor, School of Law Center for Public Health Practice Graduate School of Public Health University of Pittsburgh schmidte@pitt.edu

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