The Pennsylvania Independent Oil and Gas Association (PIOGA) has come strongly against the DRBC’s proposed fracking ban, calling out the process as a sham.
PIOGA represents the independent members of Pennsylvania’s oil and gas industry and it has provided some excellent hard-hitting comments on the proposed DRBC fracking ban. They are laid out in a letter from PIOGA General Kevin J. Moody to the DRBC which raises significant new issues regarding the proposed fracking ban and new perspective on some points made here earlier. The PIOGA are easily understood, yet penetrating from a legal perspective. They will not easily be ignored.
PIOGA is concerned about the process by which the DRBC rules are being developed, where the ultimate decision makers have already voiced their decision to impose a ban, regardless of the nature or extent of public comment or additional information that should be evaluated. Under well-established principles of administrative law, notice and comment rulemaking is required so that government agencies and entities and officials do not make binding law without input from and accountability to the public. If this “proposed” rule is in reality a “final” rule with a predetermined outcome, the notice and comment process, including public hearings, is a sham undermining the validity of any rule finalized by the DRBC.