1. Environmental Sustainability and Pennsylvania’s Laws Pertaining to the Protection of Groundwater Before, During, and After Unconventional Shale Gas Development Marcellus Shale Development and Pennsylvania: What Lessons for Sustainable Energy? Widener University School of Law September 27, 2013 Elizabeth Ferrell Bjerke, JD

2. Environmental Sustainability: Protection of Groundwater

3. Legal Methodology  Identification of laws  “Coding” of laws  Applying analysis to scenarios  Groundwater contamination from well failure  Groundwater contamination from spills  Groundwater contamination from wastewater storage

4. Major Federal Environmental Laws  National Environmental Policy Act (43 USC §4321 et seq. )  Federal Water Pollution Control Act (“Clean Water Act”) (33 USC §1251 et seq. )  Safe Drinking Water Act (42 USC §300f et seq. )  Resource Conservation and Recovery Act (42 USC §6901 et seq. )  Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (42 USC §9601 et seq. )

5. Major Pennsylvania Environmental Laws  Oil and Gas Act (58 P.S. §601.101 et seq. )  Oil and Gas Conservation Law (58 P.S. §§ 401-419)  Clean Streams Law (35 P.S. §691.1 et seq. )  Solid Waste Management Act (35 P.S. §6018.101 et seq. )  Act 14 – Section 1905-A of the Administrative Code (52 P.S. §3301 et seq. )  Hazardous Sites Clean Up Act (35 P.S. §6020.101 et seq. )  PADEP Regulations (25 Pa. Code Chapters 78, 79, 91, 92a, 93, 95 and 96)  OMNIBUS AMENDMENT TO THE OIL AND GAS ACT (“ACT 13”) (58 Pa. C.S. §2301 et seq. )

6. Waste from Unconventional Shale Gas Development = Residual Waste

7. Storage of Wastewater

8. Thank you! Elizabeth Ferrell Bjerke, JD Director, JD/MPH Program Visiting Assistant Professor, Health Policy and Management Adjunct Professor, School of Law Center for Public Health Practice Graduate School of Public Health University of Pittsburgh schmidte@pitt.edu