July 11, 2002

For Immediate Release

Judge Refuses Oil Company Request to Discard Expert Report Detailing Impacts to Water Quality from Drilling in Allegheny National Forest

Clarion, PA - An administrative law judge has refused a request by Pennsylvania General Energy (PGE) to discard an expert report prepared by the Pennsylvania Department of Environmental Protection (DEP). The report was filed as part of an appeal filed by two citizens who live near the Allegheny National Forest and who have protested the oil and gas development.

The report in question was prepared by a DEP water quality expert who determined that the high-quality streams, which are supposed to be protected by the agency under the Clean Water Act, had been impaired by PGE's drilling operations. The affected streams include Salmon Creek, Little Salmon Creek, and Guiton Run which lie just northwest of Marienville, PA, in the Allegheny National Forest.

On June 20, PGE had filed a motion asking the Judge to discard the report from consideration based upon the timing of its release, but only after learning of the report's findings. Both the DEP and the individual appellants fought the motion. This was unusual in that the DEP and individual appellants are actually on opposite sides in the case.

In making his decision, Administrative Law Judge Bernard A Labuskes, Jr., wrote that PGE's request to have the report discarded "is too severe under the circumstances." Judge Labuskes added that discarding the report from consideration "Éwould deprive the [Environmental Hearing] Board of access to potentially important information regarding the effect of the project upon water quality."

The appeal was filed by Jim Kleissler, Clarion County, and Ryan Talbott, Forest County, both of whom work for the forest protection organization Allegheny Defense Project. Both Kleissler and Talbott hike and camp in the Salmon Creek area and are upset about the drilling which is encroaching upon the streams, camping areas, and even a national scenic hiking trail - the North Country Trail. Kleissler and Talbott are litigating the case pro se, without the benefit of legal representation. PGE is represented by two law firms based in Pittsburgh and Warren, Pennsylvania, respectively.

"We are obviously pleased with the Judge's decision to uphold the importance of this report which demonstrates that this oil development should never have been permitted," explained Talbott. "The expert report prepared by the DEP should have been completed two years ago, before PGE was allowed to drill for oil in this special part of our national forest."

To download the report, click here.

For a copy of the Judge's opinion, click here.

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