DCNR Files Court Appeal On Request For State Parks, Forest Drilling Information

The Department of Conservation and Natural Resources Thursday appealed to Commonwealth Court a decision by the PA Office of Open Records directing his administration to turn over information on his plan to raise $75 million through the additional leasing of mineral rights in state parks and forests for natural gas drilling.

Rep. Greg Vitali (D-Delaware), Minority Chair of the House Environmental Resources and Energy Committee, has been seeking information about what parks and forests are under consideration for drilling, how many acres would be leased, which companies will be drilling and how the $75 million figure was calculated.

Rep. Vitali filed a Right-to-Know request with the Department of Conservation of Natural Resources which was denied.  Rep. Vitali appealed that denial to the PA Office of Open Records. On May 22, the Office of Open Records ruled in favor of Vitali and ordered the Department of Conservation and Natural Resources to turn over records by June 22.

"It has been almost five months since Governor Corbett revealed the drilling proposal, but he has yet to provide this most basic information," said Rep. Vitali. "It is disappointing that he would rather litigate than provide the legislature and people of Pennsylvania the information to which they are clearly entitled."

DCNR's appeal petition indicates it has drilling proposals in its possession. In its court filing, DCNR sent a "Notice to Participate" to 18 drilling companies, including Anadarko Petroleum, Chesapeake Energy and Talisman regarding the appeal.

Rep. Vitali said this indicates DCNR has records in its possession from these 18 companies related to Corbett's drilling plan.

In his budget plan on February 4, Gov. Corbett proposed raising an additional $75 million from "non-surface impact" drilling. Rep. Vitali opposes this proposal because drilling is a highly industrial activity, and an expansion will have a negative impact on state parks and forests.

DCNR acknowledged the negative impacts of drilling in its Shale Gas Monitoring report, released last month, that states, "Natural gas development ... affects a variety of forest resources and values, such as recreational opportunities, the forest's wild character, scenic beauty, and plant and wildlife habitat."

According to the report, 44 percent of state forestland, or 673,000 acres, that sits atop the Marcellus Shale, is already subject to drilling.  Rep. Vitali said a severance tax on gas drilling is a better way to raise revenue.

Rep. Vitali filed a second Right-to-Know request with the Governor's Office, asking for information about the drilling plan. The governor's office on May 23 denied Vitali's request in part. It turned over five pages of material, but a page-and-a-half had been redacted.

Rep. Vitali has appealed the decision by the Governor's Office to the Office of Open Records.

"It appears the Corbett administration is trying to run out the clock and keep the legislature and the public in the dark," Rep. Vitali said. "We are expected to vote on a budget by June 30, and this proposal is expected to be part of it."

A copy of DCNR's court filing is available online.

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