On November 17, 2015, Pittsburgh-based energy company EQT Production Co. (“EQT”) presented its oral argument before the Pennsylvania Supreme Court, requesting it set aside a February 20, 2015, ruling of Commonwealth Court Judge Rochelle S. Friedman. Specifically, she had held EQT could not bypass the state’s administrative Environmental Hearing Board (“EHB”) stage in its efforts to contest the Pennsylvania Department of Environmental Protection’s (the “DEP’s”) determination regarding fines EQT owes for a fracking water leak. EQT v. DEP, 114 A.3d 438 (Commw. Ct. Pa. 2015).
The basis of this dispute stems from EQT’s discovery on May 30, 2012, that one of its impoundments, located in Tioga County, Pennsylvania, was leaking water generated from hydraulic fracturing. Id. EQT emptied the site of impaired sludge and began a formal cleanup process under the state’s “Land Recycling and Environmental Remediation Standards Act.” Id. EQT has continued to remediate the affected soil and groundwater. Id. Continue Reading