January 10, 2002

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

Judge Issues Temporary Order Suspending Oil and Gas Corporation's Permits for Construction Activity in Allegheny National Forest

Harrisburg, PA - Judge Bernard A. Labuskes, Jr. of the Pennsylvania Environmental Hearing Board issued an order today preventing additional construction on an oil and gas development in the Allegheny National Forest. The order is effective until a hearing is held on January 15th in Pittsburgh.

The development at issue is within the Salmon Creek watershed in the Allegheny National Forest. The oil and gas development planned by PGE lies entirely on publicly-owned land. The Salmon Creek area in the southern part of the national forest is an extremely popular area for hunters, fishermen, campers, and hikers. The oil and gas development will lead to the obliteration of part of the North Country National Scenic Trail, a trail that, once completed, will stretch from northern New York to North Dakota. The Salmon Creek watershed is home to many threatened, endangered, and rare species such as the Indiana bat, Northern Goshawk, Bald Eagle, and several species of dragonflies and damselflies.

On November 7, 2001, the Pennsylvania Department of Environmental Protection (DEP) issued three permits to PGE for erosion and sedimentation related to the construction of the wells and associated road building. PGE already owns over 500 oil and gas wells in the Salmon Creek and adjacent watersheds. The permits issued by DEP authorize an additional 71 wells. Under the federal Clean Water Act and the state Clean Streams Law, any development that will disturb more than five acres of land must be permitted through the National Pollutant Discharge Elimination System (NPDES). Since 1992, oil and gas corporations have been required to obtain these permits prior to drilling. Aside from the recently issued permits challenged in this appeal, PGE has obtained a stormwater permit for only eight of these wells. This, despite the fact that PGE's development now exceeds 750 acres of disturbance, including 500 oil and gas well sites.

"This is great news for the Allegheny National Forest," said Ryan Talbott, one of the appellants, and Forest Watch Coordinator for the Allegheny Defense Project. "This oil and gas development threatens to destroy the Salmon Creek area, one of the last best valleys in the southern portion of the Allegheny."

Erosion and sedimentation as a result of run off from construction sites is a major threat to water quality. Many species of bottom-dwelling invertebrates, freshwater mussels, and fish are directly affected by a build up of sediment in a stream. Damage to these species can affect other species farther up the food chain, such as trout, by decreasing their food supply.

"We are very pleased that the Environmental Hearing Board recognized the importance of this case," said Jim Kleissler, another appellant. "Pennsylvania General Energy oil and gas corporation provided inadequate applications for these permits that were subsequently approved by the Department of Environmental Protection, despite their obvious shortcomings."

Kleissler and Talbott filed the appeal before the Environmental Hearing Board pro se, representing themselves. Pennsylvania General Energy is being represented by Babst, Calland, Clements & Zomnir, a large well established Pittsburgh law firm, and Harper and Marti, a Warren, PA, law firm.

The Judge's order expires on Tuesday, January 15, 2002, after a hearing is held to determinewhether or not to issue a more permanent order against construction. The hearing will be held at the Pittsburgh offices of the Environmental Hearing Board, located in the Pittsburgh State Office Building at 300 Liberty Avenue. The hearing will begin at 10am.

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