From the Pennsylvania Forest Coalition (http://www.paforestcoalition.org/):
It was the worst spill / pollution case that DEP had experienced in their dealings with the oil & gas industry.
Wastewater from an impoundment owned by Marcellus gas driller EQT polluted high quality streams, an exceptional value wetland and an expansive area of groundwater, and triggered an unprecedented $11 million cleanup.
DEP had calculated that the maximum possible penalty under the Clean Streams Law to be $157 million for each of three violations that continued for more than 1,500 days. EQT argued that the fine should be based only on the 12 days that the spill continued.
Siding with EQT, the Commonwealth Court determined that fines for spills into state streams and groundwater must be based on how long the initial release lasts and not on how many days the pollution lingers. [ed. note: with that rationale, my jail time for hurting you should be based on how long it took to kill you, not the effect of my actions].
The Commonwealth Court’s decision will sharply narrow the scope of the possible fine. According to EQT, the most it should be fined is $10,000 per day for the 12 days.
DEP spokesman Neil Shader said that his agency will be appealing the decision to the Pennsylvania Supreme Court.
Summary edited from Laura Legere in the Pittsburgh Post-Gazette: http://powersource.post-gazette.com/powersource/policy-powersource/2017/01/11/pennsylvania-Commonwealth-Court-ruling-limits-pollution-fines/stories/201701110133
The decision, for those who speak legalese: http://www.pacourts.us/assets/opinions/Commonwealth/out/485MD14_1-11-17.pdf?cb=1
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