Drilling Permits • Hydraulic Fracturing • Burden of Proof • Abnormally Dangerous
United Refining Co. v. Dep’t of Envtl. Protection, PICS Case No. 17-0986 (Pa. Commw. June 12, 2017) Brobson, J. (24 pages).
Board properly held that petitioner failed to establish that department’s issuance of a permit for a well to be drilled on a slant with the bottom under a refinery storage tank was unreasonable or contrary to law because the board correctly applied the burden of proof, credible expert evidence supported the decision and Pennsylvania courts had held that hydraulic fracturing was not an abnormally dangerous activity. Affirmed.
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