PennFuture files federal lawsuit against Marcellus Shale driller Ultra Resources, Inc for violations of federal and state air pollution laws

PRESS RELEASE: Harrisburg, PA (July 21, 2011) – Citizens for Pennsylvania’s Future (PennFuture) filed a lawsuit today in the United States District Court for the Middle District of Pennsylvania against Ultra Resources, Inc., for air pollution at its Marcellus Shale drilling sites, which violates the federal Clean Air Act, Pennsylvania’s State Implementation Plan (the “Pennsylvania SIP”), and Pennsylvania’s New Source Review regulations. PennFuture also filed a formal request with the Pennsylvania Department of Environmental Protection (DEP) for all records of air pollution at drilling sites throughout the Commonwealth.

“Ultra’s drilling operations in Tioga and Potter counties are emitting dangerous and illegal air pollution and operating without the required permits,” said Jan Jarrett, president and CEO of PennFuture. “Unless gas drillers operating in Pennsylvania control the air pollution from their operations, air quality will deteriorate, putting public health at risk.

“The noxious air pollution is widespread in the two county area of the ‘Marshlands Play,’” continued Jarrett. “The operations include natural gas wells, pipelines, compressor stations, and other equipment, all of which are connected by pipeline to a Metering and Regulation Station, also constructed and operated by Ultra, where the gas produced at Ultra’s wells is adjusted for pressure, measured, and delivered to an interstate pipeline. Ultra constructed the operations without the necessary permits – specifically a permit required by Pennsylvania’s New Source Review (NSR) regulations, and without achieving the lowest achievable emissions rate or purchasing emissions reductions credits. The company is emitting large amounts of nitrogen oxides (NOx) into the air, creating serious health risks for anyone living downwind from the operations.

“The laws were passed for a reason – to protect the health of our families,” continued Jarrett. “According to the United States EPA, even short-term NOx exposures, ranging from 30 minutes to 24 hours, cause adverse respiratory effects including airway inflammation in healthy people and increased respiratory symptoms in people with asthma. And this air pollution also leads to more fine particle pollution, which can cause heart attacks and other deadly illnesses.

“But this appears to be business as usual for many drillers,” continued Jarrett. “A study out of Fort Worth (TX) recently showed that the NOx pollution just from the average compressor engine there is about 60 tons per year. And with drilling going like gangbusters here in Pennsylvania, that same kind of pollution from all the operations would create serious public health problems, and destroy any ability of Pennsylvania to meet air quality standards. We’ve also seen the formerly pristine air in Wyoming now more dangerous than that in Los Angeles, thanks to massive drilling. We need to stop this problem here and now.

“We are also asking DEP to open the books on its assessment of air pollution at other drilling operations throughout the Commonwealth,” said Jarrett. “We cannot and will not allow the drillers to operate without meeting our clean air rules.”

Copies of the PennFuture court filing and Right to Know request are available for download.

PennFuture is a statewide public interest membership organization, founded in 1998. PennFuture's activities include litigating cases before regulatory bodies and in local, state and federal courts, advocating and advancing legislative action on a state and federal level, public education and assisting citizens in public advocacy.

Working from the premise that “Every environmental victory grows the economy,” PennFuture has successfully advocated for landmark environmental legislation, including passage of the largest-ever environmental funding bond, public investment in green energy and energy savings programs, passage of the Alternative Energy Portfolio Standards Act, adoption of the Clean Vehicles Program and adoption of a regulation that protects Pennsylvania’s babies by restricting mercury pollution from coal-fired power plants. PennFuture has staff throughout the state, in Harrisburg, Philadelphia, Pittsburgh, and Wilkes-Barre. The Philadelphia Inquirer called PennFuture the “state’s leading environmental advocacy organization,” and the Pittsburgh Post-Gazette named the organization one of the ten most influential groups on the issue of natural gas drilling.”

To view the entire press release or for more information on PennFuture, click HERE.

House passes SB1155 to tax gas companies!

PennFuture Praises State House for Passage of Natural Gas Severance Tax That Helps Funds Growing Greener, Urges Senate to Consider Bill Immediately to Keep the Promise Made to the Citizens.

HARRISBURG, Pa.--(BUSINESS WIRE)--Citizens for Pennsylvania’s Future (PennFuture) today praised the Pennsylvania House of Representatives for its passage of SB 1155, a significant extraction tax on deep natural gas drilling in the Marcellus Shale formation that also funds Growing Greener, local governments impacted by drilling, wildlife management agencies, hazardous sites cleanup and county conservation districts, and the General Fund. The measure passed by a vote of 104 to 92. This action allows the tax to be considered by the State Senate before it adjourns for the year.

“This is a reasonable and robust tax”
“Thanks to heroic effort by Representative Kate Harper (R-Montgomery) insisting that SB 1155 include substantial revenue for Growing Greener, and the support of both Democratic and Republican House members, the House has kept its promise to the citizens to pass a bill by October 1,” said Jan Jarrett, PennFuture’s president and CEO. “Now it’s up to the Senate. We urge the Senate to act quickly, and preserve both the significant tax in this legislation and the money for Growing Greener, local communities and the other specified agencies.

“This is a reasonable and robust tax,” continued Jarrett. “It allows the drilling industry to flourish, while compensating the citizens for the use of the state’s natural resources. We have had daily reminders of the risks to our environment and local communities from drilling, so it is only fair that a portion of this new tax revenue go to environmental protection and local communities.

“Many of our elected officials, particularly Representatives Dave Levdansky (D-Washington, Allegheny) and Camille ‘Bud’ George (D-Clearfield), helped create the general framework in this bill, and it must be retained in the Senate,” said Jarrett.

“All eyes now turn to the Senate,” said Jarrett. “We call on the Senate to keep the robust tax on drilling in this bill and the split of this new revenue. Our environment, our communities, and our citizens depend on it.”

PennFuture is a statewide public interest membership organization that works to protect and promote Pennsylvania’s environment and economy. PennFuture’s activities include litigating cases before regulatory bodies and in local, state and federal courts, advocating and advancing legislative action on a state and federal level, public education, and assisting citizens in public advocacy. PennFuture was dubbed “the state’s leading environmental advocacy organization” by the Philadelphia Inquirer.

Click HERE to view the original release as it appeared on Businesswire.

Did you know that your tax money is being used to bring drillers into Pennsylvania? Neither did we.

The following appeared in a recent Facebook post from PennFuture.  Who knew?  I'm sure if it's happening in Pittsburgh, it's probably not an isolated incident--especially in northeastern & northcentral PA where you can't throw a rock without hitting a gas well.  And by the way, atta boy Gov. Ridge!  I'm glad someone has their priorities straight.

(Please note: You can find out more information about PennFuture and many other organizations, informative blogs, and other resources related to gas drilling in the Marcellus Shale by clicking on the appropriate tabs along the top of "Protect the Endless Mountain's" Facebook Page.  You can also see & explore the same resources listed along the right-hand side of the blog.)

"Did you know that your tax money is being used to bring drillers into Pennsylvania? Neither did we.
Then we saw the story in yesterday’s Pittsburgh Tribune-Review, which details a trip sponsored by the Pittsburgh Regional Alliance using money from the Department of Community and Economic Development that will fund an event at the Petroleum Club of Houston, complete with hors d’oeuvres, where two drilling executives and the head of the Allegheny Conference on Community Development will wine and dine 150 Lone Star gas industry executives to come to Pennsylvania and make money from our natural resources.

Now, we have no objection to recruiting companies to do business in Pennsylvania, but we think that the drillers haven’t really done their best at making sure Pennsylvanians and Pennsylvania companies get a piece of the Marcellus action. Except for former Governor Tom Ridge, that is, whose firm is getting nearly $1 million to stop a substantial severance tax from being passed.

Seems like the drillers think that Pennsylvania is a great place to pillage, but they wouldn’t want to live here as real partners in our communities. Otherwise, they wouldn’t be fighting so hard against playing by our rules and paying their fair share.

But ordinary citizens can trump the arrogance and cash of the drillers by making their voices heard. The legislators are considering what to do right now – and they must do the right thing.

Send an email right now to your legislators with one simple message: The drillers must play by our rules and pay their fair share.

If you want to do more, please help PennFuture reach out to others by phoning our members and supporters. Contact Christine Knapp, our director of outreach, at 215-545-9692 or sign up to volunteer on our website." 

To read the article "Public money used to court Texas drillers" in yesterday's Pittsburgh Tribune-Review, click HERE.