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LEGAL FRAMEWORK FOR SHALE DEVELOPMENT AND CULTURAL RESOURCES
- 1. LEGAL FRAMEWORK FOR SHALE DEVELOPMENT AND CULTURAL RESOURCES Marion F. Werkheiser, Attorney at Law Cultural Heritage Partners, LLC
- 2. Cultural Heritage Under Threat Kirshner Site, Westmoreland County near West Newton Kirs hne r Site Pho to g ra p hs Co urte s y o f Bill Jo hns o n
- 3. Kirshner Site 2 Monongahela villages, approx. 200 years apart
- 6. Kirshner Site Violent end of later settlement: invasion, burning, massacre and butchering of bodies
- 8. Known Shale Plays in Lower 48
- 9. Federal Regulation of Hydraulic Fracturing (or lack thereof) National Historic Preservation Act Section 106 Reviews Occur as result of Federal Undertaking: Carried Out, Approved, or Funded by Federal Government U.S. Public Lands Where is the federal nexus for hydraulic fracturing and shale development?
- 10. Federal Regulation Safe Drinking Water Act Underground Injection Control Program “Halliburton Loophole” exempts: The underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities. 42 U.S.C. § 300h(d)(1)(B) (ii) UIC Program is not delegated in PA New definition of “diesel fuels” soon
- 11. Federal Regulation Clean Water Act exempts hydraulic fracturing from NPDES permits Army Corps of Engineers Wetlands and stream crossings DO require federal permits Interpretation of Appendix C can lead to limited reviews
- 12. Pennsylvania Oil and Gas Act requires that DEP consider impacts of proposed wells on listed historical and archaeological sites 10 acre rule Law passed earlier this year overrides local zoning ordinances PHMC’s best practices encourage landowners to require avoidance in their leases, drillers to collaborate and search databases
- 13. Friedenshutten, Wyalusing, PA Means “tents of peace” where Moravian settlers from Czech Republic and Eastern Delaware tribe lived together for nearly ten years
- 14. Contact Us Marion F. Werkheiser Attorney at Law (703) 489-6059 marion@culturalheritagepartners.com O ur a tto rne y s a re a d m itte d to p ra c tic e la w in Virg inia , Dis tric t o f Co lum bia , M ry la nd a nd Ca lifo rnia a
Editor's Notes
- EPA Program: Clean Water Act exempts materials used in hydraulic fracturing from being considered pollutants under NPDES program (No permits required) Army Corps of Engineers: wetlands and stream crossings DO require federal permits, although interpretation of Appendix C can lead to limited reviews
- Oil and Gas Act requires that DEP consider impacts of proposed wells on public resources, including listed historical and archaeological sites Permits do not have to be reviewed by Pennsylvania Historical and Museum Commission (PHMC) unless greater than 10 acres Law passed earlier this year overrides local zoning ordinances PHMC’s best practices encourage landowners to require avoidance in their leases, drillers to collaborate and search databases