January 16, 2002

For Immediate Release
Contact: Jim Kleissler, (814) 223-4996

Supersedeas Not Granted, but the Fight Goes on to Save Salmon Creek

Today, Judge Bernard Labuskes of the Pennsylvania Environmental Hearing Board lifted a temporary ban on the construction of oil and gas wells along Salmon Creek. Labuskes had granted the ban, known as a "Temporary Supersedeas" on Thursday, January 10.

Kleissler and Talbott had filed a motion for "Supersedeas", a longer ban on oil and gas construction activities, until their full case to protect the area could be heard. The judge noted that he thought that Kleissler and Talbott presented a good case and made his decision a tough one.

"The judge clearly struggled over the decision," Kleissler said. "In the end, we were disappointed with the decision, but we feel really good about the case." Kleissler said there are still several avenues that can be pursued, including an appeal of the judge's decision, a motion for reconsideration or the continuation of the current case.

"Of course I'm disappointed because Pennnsylvania General Energy can continue with construction, but certainly all is not lost at this point," Talbott said.

With only two days to put their case together Kleissler said they simply did not have the time to assemble all of the necessary witnesses, especially crucial experts, especially considering their limited resources.

Kleissler said they were able to prove that the construction would cause general harm to the forest, but without an expert, it was difficult to prove the damage caused to the water quality and wildlife in the area. Labuskes said that the lack of professional witnesses for the environmentalists was pivotal.

"If we had a few more days, I think we would have prevailed," Kleissler said.

While both Kleissler and Talbott are confident that they can ultimately stop the construction of the wells, time is definitely an issue. The appellants hope that the case can be continued on an expedited basis, something that the judge was very receptive to. Talbott said he hopes things progress quickly enough to save a significant portion of the Salmon Creek area. A typical case can take several months or even years, but Kleissler and Talbott hope to be back in the courtroom by March or April.

"We would have preferred to prevent the construction, but I feel very confident in the case. I personally think that many of the issues are locked tight," Kleissler said.

Kleissler and Talbott represented themselves at the hearing before the state's Environmental Hearing Board.

"We were up against lawyers and we held our own. It shows how strong of a case we had," Talbott said. "Most appellants do not prevail on Supersedeas. The fact that we came so close says a lot."

Talbott and Kleissler argued that the construction of oil wells and tanks would destroy the serenity and beauty of the Salmon Creek area, and harm wildlife and recreation opportunities. They also argued that the Department of Environmental Protection's issuance of stormwater construction and well drilling permits violated state and federal statutes.

The area, located on the southern edge of the Allegheny National Forest, is a popular spot for hikers, hunter,s and fisherman and is home to Indiana bats, northern goshawks, and bald eagles.

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