United Refining Co. v. Department of Environmental Protection

DISSENTING OPINION BY

JUDGE McCullough

As recognized by the Environmental Hearing Board (Board), this matter involves a unique and unprecedented process of slant drilling by John D. Branch (Applicant), posing unknown dangers, particular*1138ly in the area near an active refinery. The Board’s decision reflects these concerns where it states: “[T]his case is unique as Mr, Lobins [the expert testifying for the Department of Environmental Protection (Department) ], himself, indicated. It is out of the ordinary for the Department to receive an application for an oil and gas permit that allows drilling by…