Mirtanda Lananger v. Commonwealth of Pennsylvania, Department of Environmental Protection and Catalyst Energy, Inc.

Harrisburg, Pennsylvania administrative law lawyer represented the Intervenor challenging the issuance of a permit to operate and injection well.



The Department issued the Permit on January 11, 2024 and a corrected permit was issued on January 17, 2024, including two additional conditions. (Joint Ex. 4) (Stip. at ¶ 13). Between February 15,2024 and February 26,2024, the Board received, via U.S. mail, thirty-eight individual appeals of the Permit. The majority of the appeals were consolidated under EHB Docket No. 2024-016-B on March 28, 2024 and the remainder of the appeals were eventually consolidated on April 18, 2024. On May 6, 2024, sixteen individuals, collectively, filed a petition to intervene and the Department subsequently filed an answer in opposition to their petition. On May 30, 2024, the Board issued an Opinion and Order granting the Intervenors' petition. As the case progressed, two appellants withdrew their appeals and ten intervenors discontinued their interventions.



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Legal issue Can the appellants obtain a supersedeas to halt the conversion of an existing well into an underground injection well by showing a likelihood of prevailing on the merits of their appeal?



Key Phrases Department of Environmental Protection. Petition for Supersedeas. Injection Well. Mechanical Integrity Test. Environmental Hearing Board.

1. The Appellants' and Intervenors' Petition for Supersedeas is denied.



2. The temporary supersedeas granted by the Board's November 12, 2024 Order is lifted.