WATER SOURCING AND WASTEWATER DISPOSAL: TWO OF THE LEAST WORRISOME ASPECTS OF MARCELLUS SHALE DEVELOPMENT IN PENNSYLVANIA

KEVIN J. GARBER, ESQ., STEVEN BAICKER-MCKEE, ESQ. AND JEAN M. MOSITES, ESQ.

As this country searches for reliable energy sources in the face of political, technological, and environmental challenges, development of the Marcellus Shale in Pennsylvania has expanded rapidly in recent years. The Pennsylvania Department of Environmental Protection (“PaDEP” or “Department”) issued 3,314 permits for Marcellus wells in 2010, and 1,446 Marcellus wells were drilled in 2010, up from 795 drilled in 2009. Of the 71,000 active gas wells in Pennsylvania, however, only 3.5% are Marcellus wells. This article will review the interrelationships among Marcellus Shale development in Pennsylvania, water resources of the Commonwealth, and the evolving regulatory regimes that manage the drilling activities affecting those resources.
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