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Say What? PA Governor Gives Energy Executive Supreme Authority Over Environmental Permitting

Instead of ratcheting up oversight, PA's governor wants to hand authority over some of the state's most critical environmental decisions to an energy executive.
 
 
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Pennsylvania has come under fire lately as pollution from drilling in the Marcellus Shale threatens water resources across the state. But instead of ratcheting up oversight, Gov. Tom Corbett wants to hand authority over some of the state’s most critical environmental decisions to C. Alan Walker, a Pennsylvania energy executive with his own track record of running up against the state’s environmental regulations.

Walker, who has contributed $184,000 to Corbett’s campaign efforts since 2004, is CEO and owner of Bradford Energy Company and Bradford Coal, which was once among Pennsylvania’s largest coal mining companies. He also owns or has an interest in 12 other companies, including a trucking business and a central Pennsylvania oil and gas company.

Walker was Corbett’s first appointee—he chose him to lead the Department of Community and Economic Development in December, before taking office. Now, as Corbett stakes much of the state’s economy on Marcellus Shale gas drilling, a paragraph tucked into the 1,184-page budget gives Walker unprecedented authority to “expedite any permit or action pending in any agency where the creation of jobs may be impacted.” That includes, presumably, coal, oil, gas and trucking.

It’s not clear how Corbett can delegate such sweeping authority to the economic development office, which would be reorganized to focus on coordinating with corporate interests and creating job growth. It also isn’t clear how the state would address the legal conflicts that could arise if, for example, Walker pushed for approval of a permit that conflicted with the Clean Water Act or other federal laws. The governor’s office did not respond to repeated requests to clarify Walker’s role, and other state agencies deferred to the governor.

Environmental groups think Corbett will need to issue an executive order or some other legal clarification to allow Walker’s office to wield so much influence over regulations.

“I have never seen anybody give an economic development director the authority to tell every other agency in the state what to do with regard to its statutory responsibilities,” said Deborah Goldberg, an attorney with Earthjustice, an environmental group active on drilling issues. “The law requires that you not pollute the waters of Pennsylvania, and if he tries to speed up an application that makes it possible that that is going to happen then I think he is clearly operating outside of his authority.”

A spokesman for the economic development office said Walker will not speak publicly until his confirmation. But Walker did post a statement on the department’s website.

“The budget introduced today represents a completely new way of doing business for DCED and its economic development partners,” the statement said. “In a tough economic climate, we need to send a powerful message to the Pennsylvania Business Community that Pennsylvania is open for business.”

Walker’s ties to the energy industry are deep. He is listed on state disclosure forms as an executive of the Pennsylvania Coal Association and he has served as chairman of the Pennsylvania Chamber of Business and Industry. He also has firsthand experience with the state’s environmental regulations, because his companies would likely have applied for permits similar to those the oil and gas industry is now pursuing in the Marcellus. And like many energy companies, his, too, have run into problems with the state.

In 2002, three of Walker’s coal companies notified Pennsylvania’s Department of Environmental Protection that they had run out of money and were going to stop treating the 173 million gallons of polluted water they produced each year and released into tributaries of the Susquehanna River. The state eventually got a court injunction to force them to continue treating the wastewater as required by state and federal law.

 
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