HARRISBURG, PA — A bill signed by Gov. Tom Wolf on October 8 will allow drilling companies in Pennsylvania to use treated mine water for fracking operations without fear of being sued.

Act 47, introduced by Republican Sen. Camera Bartolotta, clarifies the legal liabilities of companies that use mine water for fracking, and specifically says that drillers will not be liable for water left in mines and not used in drilling operations.

In a statement, Bartolotta said, “The use of treated mine water by natural gas companies is an innovative approach that will help preserve millions of gallons of fresh water, and I am thankful that more companies will have the freedom to explore this option.”

But environmental groups are not happy with the ruling. In a statement, Tracy Carluccio, deputy director of the Delaware Riverkeeper Network said, “Gov. Wolf has thrown in with the gas and oil companies by signing this law that promotes mine drainage for fracking, while removing liability for the pollution this can cause. How can the governor favor protecting these polluting industries over the public and the environment? This law is unjust for coal-ravaged communities, which will now be subjected to water raids, and to those areas already reeling from shale gas development, and heaps further harm on Pennsylvania’s injured environment.”

Bartolotta claims the bill does not remove protections that are already in place. In a press release she said, “The new law does not weaken any existing environmental safeguards designed to protect public health. It only clarifies parties that could be held responsible if the mine water is not treated or utilized properly.”

Still, there is a question about just how safe mine water is, and 22 organizations submitted a letter to Wolf before the signing asking him to veto the legislation. The letter says, “Peer-reviewed science does not support the General Assembly’s claims that treated coal mine water is ‘an acceptable source of water’ and can be ‘effectively substituted for fresh water’ for use in oil and gas well development. In fact, very little research is available on how mine water reacts with fracking chemicals, and information that is available exposes several problems that can result from the use of mine water—problems that responsible parties could be shielded from if this bill is enacted.”

Environmentalists also have other concerns with the legislation, because, the letter argues, “it reads that even treated mine water not being used in oil and gas development would be exempted from the definition of ‘solid waste.’”

Secondly, the amendment “could be interpreted to apply to all mine drainage, not only treated mine water,” which could be an incentive for companies to withdraw more mine drainage, thus increasing the risk of polluting discharges.

Some drilling companies are already using mine water in fracking operations, but the practice so far has not been widespread.