ELR Citation: 48 ELR 20153
No(s). 573 M.D. 2016 (Pa. Commw. Ct. Aug 23, 2018) (Wojcik, J.)

A Pennsylvania state court granted in part and denied in part an industry trade group's challenge to state rules governing hydraulic fracturing near playgrounds. The group argued that the rules' definitions for "common areas of a school's property" and "playground" were unlawful, unreasonable, and unenforceable. The court agreed, concluding that the regulatory definitions of those terms were vague, overly broad, and unpredictable, making compliance unduly burdensome. The group further argued that the pre-permit process established by the rules was contrary to and circumvented statutory authority. But the court concluded that the rules did not exceed statutory authority by authorizing the department to seek information from well applicants and comments from public resource agencies as part of its impact consideration. The court therefore granted in part and denied in part the group's application for partial summary relief.