Buchanan Ingersoll & Rooney Shareholder Brian J. Clark recently spoke with Law360 regarding Pennsylvania’s move to finalize a set of controversial rules governing surface operations at oil and gas wells.

In the works since 2012, the final draft of the proposed Chapter 78 regulations was revealed, with many critics questioning the new rules.

Clark told Law360 that industries both inside and outside of the oil and gas sector would have been keenly interested in seeing whether Department of Environmental Protection (DEP) would be allowed to make substantive changes to proposed regulations through the Advance Notice of Final Rulemaking (ANFR) process – a process that allows for review and comment on changes to regulations.

“How it’s allowed to affect the development of regulations over the course of the process is an important factor that’s going be watched by a lot of observers within the oil and gas industry and beyond,” he told the publication. “If that’s the way the department is allowed to interpret the RRA, then it will apply to other regulatory packages going forward. It’s a question of precedent and, frankly, it’s something that a court will likely have to decide.” 

Read the full article – “New Pa. Gas Surface Rules Likely To Land In Court” (Law360, August 14, 2015). Subscription required.