Brian J. Clark and Gregory J. Krock secured a victory for the Pennsylvania Independent Oil & Gas Association (PIOGA), as noted in Law360. PIOGA is a gas industry group that brought claims against the state Department of Environmental Protection (DEP) alleging DEP’s decisions about whether or not to grant oil and gas drilling permits rely on portions of Act 13 that were invalided in 2013 by Pennsylvania's Supreme Court. Known as the “Robinson Decision,” the 2013 ruling eliminated parts of Act 13 that required DEP to consider a gas well’s impact on public land, parks and water. Yesterday, the Pennsylvania Commonwealth Court green-lighted PIOGA’s efforts to seek an injunction against DEP, specifically ruling that PIOGA is not required to “exhaust administrative remedies before seeking judicial review of DEP’s permitting process.”

Read the full article (subscription required) – “Pa. Gas Group's Permit Program Challenge Gets Green Light” (Law360, January 4, 2015)