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Marcellus Shale Regulation

As one of the ten members of the Select Joint Interim Committee on Marcellus Shale Regulation, Delegate Fleischauer listened to hundreds testify at public hearings in Wheeling, Morgantown, and Clarksburg and helped hammer out 25 amendments to the bill passed by the Senate in 2010. The final version of the Marcellus Shale Regulation bill, HB 401, passed during the 4th Special Session of the Legislature in December 2011. The bill included many positive changes, such as funding for additional inspectors, and it required studies to determine acceptable levels for air and noise pollution near residences. However, many important protections were watered down. Marcellus shale regulation remains a work in progress – there are still not enough inspectors or funding for the Department of Environmental Protection (DEP), penalties are weak, and issues relating to waste storage, public health, safety and the rights of landowners need further regulation.

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