A federal judge, in a case of first impression involving fracking in Pennsylvania, took a literal definition of “adjacent” when determining whether a gas company’s compression sites should be lumped together when looking at potential Clean Air Act violations.
In Citizens for Pennsylvania’s Future v. Ultra Resources, the environmental advocacy group alleged oil and natural gas extraction company Ultra Resources violated the Clean Air Act because its eight compression sites, all within five square miles of one another, emitted more than 100 tons of nitrogen oxide per year. Such total emissions would require a special permit given under heightened scrutiny—one Ultra Resources did not get because it received eight individual permits for the compression stations, each of which individually emitted far less than 100 tons per year.
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