This was an appeal of the imposition of a $1.1 million civil penalty against EQT by DEP for violations of the Clean Streams Law stemming from the release of fracking waste water through the damaged liner of an impoundment basin.

The Commonwealth Court affirmed the civil penalty assessment, determining that EQT had acted recklessly with respect to the design and construction of the impoundment, its investigation of the leak, and its response to the release.