The Commonwealth Court has approved the Pennsylvania Department of Environmental Protection’s decision to allow a unique drilling process that a challenger argued is an “abnormally dangerous activity” occurring too close to an active oil refinery.
A split three-judge panel of the court ruled Monday in United Refining v. Department of Environmental Protection to dismiss a challenge that an oil refinery company brought over the DEP’s decision to grant drilling permits on a project in Warren. In affirming a decision by the Environmental Hearing Board, which had dismissed the oil company’s appeal, the majority rejected the challenger’s argument that a higher standard needed to be applied to the project because it entailed using unique drilling practices.
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