Posts Tagged ‘Dimock’

Federal judge denies Cabot Oil and Gas Corp. to dismiss a case brought by Dimock Twp. residents

Pennsylvania Gas Drilling Injury LawyersA federal judge has denied a motion by Cabot Oil and Gas Corporation to dismiss a case brought by Dimock Township residents two years ago. The residents claim their water, health, and property was damaged by the Pennsylvania natural gas driller. Cabot motioned to have a federal judge throw out the case brought by over 60 residents of the Susquehanna County township. The gas company has argued that the families failed to establish a legal basis for the law suit against them.

Last month, the Pennsylvania Department of Environmental Protection said Cabot could stop delivery of clean water by November 30. This was outlined in a December 2010 settlement between the DEP and Cabot.

The settlement also required that:

  • Cabot offer to install methane-removal systems
  • Fund escrow accounts with twice the tax-assessed value of each of the 19 affected Susquehanna County homes.

However, this settlement did not require the company to restore the water to its pre-drilling quality. Now Dimock Township residents are making last-minute push to prolong the water deliveries from Cabot. In a recent petition for an injunction, the families state the department’s settlement terms ignored state law, which requires drillers to permanently restore or replace water supplies contaminated by their operations. Cabot is denying contamination was caused by their drilling activities. Their argument is that the appeal came too late from the Dimock residents. Cabot is also claiming their well water is safe to drink and even if it were not, the Dimock residents could get their own fresh water delivered “at modest cost” or collect it from a local well in Montrose.

Filed almost two years ago in November of 2009, the Susquehanna County residents of Dimock, Pennsylvania claimed Cabot Oil and Gas’s drilling activities introduced methane and other toxins into their properties and drinking water, causing illness, property damage, fear of future sickness and emotional distress. Pennsylvania courts have not directly addressed whether gas drilling is an “abnormally dangerous” activity that fits the strict liability standard.

Gasland movie critical of drilling

An organization funded by the natural gas industry disputes the HBO film’s conclusions.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

After Josh Fox was offered nearly $100,000 to lease his 20 acres in Wayne County to a gas company, he heard two different accounts – one, a story of easy money, the other a tale of horror.

The 37-year-old independent filmmaker set out to find the truth about natural gas drilling, and his conclusions can be seen in his documentary film “Gasland,” to air on HBO at 9 p.m. on Monday.

And while representatives of the gas industry call the film a piece of propaganda filled with exaggerations and inaccuracies, Fox stands by his work and says it’s the industry’s response that is propaganda.

In a phone interview Thursday afternoon, as he was getting ready for a special screening of the documentary at the HBO Theater in New York City that night, Fox said a land man with a gas company told him in 2008 that the company probably wouldn’t even drill on the land. But he heard from others that environmentally, gas drilling was “very polluting.”

“There was such a disparity between what was being said and what was being offered, I needed to see with my own eyes,” Fox said.

So, Fox set out for the village of Dimock in Susquehanna County to talk with folks whose well water was polluted by natural gas migration from leaking gas wells.

“It was completely a disaster area. There were Halliburton trucks swarming everywhere. Water was bubbling and fizzing; some you could light on fire. There was a feeling of regret and betrayal in the air,” Fox said.

Residents were unaware of the contamination until Norma Fiorentino’s water well exploded on Jan. 1, 2009, Fox said.

The state Department of Environmental Protection fined the drilling company and ordered the wells capped.

Fox visited 23 other states where natural gas drilling was taking place. He interviewed people whose health and quality of life were negatively impacted; scientists, one of whom warns of the dangers of drinking water infused with chemicals used in hydraulic fracturing (commonly called fracking), which releases the gas from the underground shale formations; and government officials on both sides of the issue.

One of the officials Fox interviewed was DEP Secretary John Hanger, who minimized the negative effects of fracking but refused to drink a glass of water from an affected well, according to a synopsis of the film on the HBO website.

On the same day as a special screening of the film in Montrose earlier this month, Energy in Depth – a gas-industry-funded organization, released an alert on its website entitled “Debunking Gasland,” pulling out numerous quotes from the movie and disputing them.

Energy In Depth claimed that Fox was “misstating the law” when he said that a 2005 energy bill exempted the oil and gas industry from the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, the Superfund law and other regulations. The industry is regulated under every single one of those laws, said Energy In Depth spokesman Chris Tucker.

The organization states that Fox was “flat-out making stuff up” when he said the Pinedale Anticline and Jonah gas fields of Wyoming are directly in the path of a 1,000-year-old migration corridor of pronghorn antelope, mule deer and sage grouse, each species of which is endangered.

Energy in Depth countered that three species of the pronghorn are endangered and none are found near the Pinedale Anticline, citing the Great Plains Nature Center; that only mule deer from New Mexico, noting that mule deer are so plentiful in Wyoming, there is a mule deer hunting season; and citing a U.S. Fish and Wildlife report stating that the sage grouse is not on the endangered list and there are “robust populations” of the bird in Wyoming.

Fox also blamed an algae bloom that killed fish and other aquatic life in Dunkard Creek in Washington County on natural gas development, Tucker said. But DEP reports show the bloom was caused by coal mine drainage.

The organization also cites a reference in the documentary to Colorado resident Lisa Bracken, who reported to environmental regulators occurrences of natural gas in the West Divide Creek, which she believed was related to natural gas drilling. “Fox blames methane occurrence in West Divide Creek, Colo., on natural gas development,” the release states.

Energy In Depth published links to reports on the Colorado Oil and Gas Conservation Commission website that showed the methane was naturally occurring. Tucker said those reports were available long before “Gasland” was released.

Theo Stein, communications director for the Colorado Department of Natural Resources, said a commission investigation revealed that the methane Bracken reported bubbling in her beaver ponds near the creek was naturally occurring swamp gas from rotting vegetation.

Stein confirmed, however, that about a quarter-mile upstream, some methane gas was still present from a gas migration into the creek from a leak in a well drilled in 2004 by EnCana Oil & Gas, the company that will begin drilling in Luzerne County next month. EnCana received the largest fine in Colorado’s history for allowing that leak to occur.

Tucker, who is a native of Kingston Township and has been closely following the development of the Marcellus Shale in Northeastern Pennsylvania, said the press release was addressing only Bracken’s claims in the documentary. He was unfamiliar with the incident involving EnCana and said the issue alert was not meant to be misleading.

Copyright: Times Leader

Worker killed in Dimock gas drilling incident

DIMOCK, Pa. (AP) — A worker at a natural gas drilling site in northeastern Pennsylvania has died after being hit on the head by a pipe.

The Luzerne County coroner’s office identified the victim as 41-year-old Gregory Walker.

Walker was working at a Cabot Oil & Gas Corp. drilling rig in Dimock Township, Susquehanna County when he was hurt Monday morning. He was taken to a hospital in Montrose and then flown by helicopter to Geisinger Wyoming Valley Hospital in Wilkes-Barre, where he died Monday afternoon.

The coroner’s office ruled the death as accidental.

Cabot spokesman George Stark says Walker worked for a subcontractor.

Copyright: Times Leader

Debate rages over Delaware River watershed

Sporting groups, conservationists and anti-drilling neighbors protest the large-scale gas exploration.

MICHAEL RUBINKAM Associated Press Writer

PLEASANT MOUNT, Pa. — A few hundred yards from Louis Matoushek’s farmhouse is a well that could soon produce not only natural gas, but a drilling boom in the wild and scenic Delaware River watershed.

Energy companies have leased thousands of acres of land in Pennsylvania’s unspoiled northeastern tip, hoping to tap vast stores of gas in a sprawling rock formation — the Marcellus Shale — that some experts believe could become the nation’s most productive gas field.

Plenty of folks like Matoushek are eager for the gas, and the royalty checks, to start flowing — including farmers who see Marcellus money as a way to keep their struggling operations afloat.

“It’s a depressed area,” Matoushek said. “This is going to mean new jobs, real jobs, not government jobs.”

Standing in the way is a loose coalition of sporting groups, conservationists and anti-drilling neighbors. They contend that large-scale gas exploration so close to crucial waterways will threaten drinking water, ruin a renowned wild trout fishery, wreck property values, and transform a rural area popular with tourists into an industrial zone with constant noise and truck traffic.

Both sides are furiously lobbying the Delaware River Basin Commission, the powerful federal-interstate compact agency that monitors water supplies for 15 million people, including half the population of New York City. The commission has jurisdiction because the drilling process will require withdrawing huge amounts of water from the watershed’s streams and rivers and because of the potential for groundwater pollution.

The well on Matoushek’s 200-acre spread in the northern Pocono Mountains in Wayne County is up first. The commission is reviewing an application by Stone Energy Corp. of Lafayette, La., to extract gas from the well — the first of what could be thousands of applications by energy companies to sink wells in an area roughly the size of Connecticut.

Stone Energy’s application has already generated more than 1,700 written comments to the DRBC. The company, which paid a $70,000 penalty for drilling the Matoushek well without DRBC approval in 2008, has already received a permit from the Pennsylvania Department of Environmental Protection.

Eager gas companies have leased more than 300 square miles of watershed land, conservation officials estimate.

“This is certainly just the start. There’s a lot of acreage out there, and a lot of people interested in leasing their land,” said Tracy Carluccio, deputy director of the anti-drilling Delaware Riverkeeper Network.

The Marcellus Shale is a rock formation 6,000 to 8,000 feet beneath Pennsylvania, New York, West Virginia and Ohio, including about 36 percent of the Delaware River basin. New drilling techniques now allow affordable access to supplies in the Marcellus and other shales in the U.S. that once were too expensive to tap.

Energy companies combine horizontal drilling with hydraulic fracturing, or “fracking,” a technique that injects vast amounts of water, along with sand and chemicals, underground to break up the shale and release the gas.

While gas companies refuse to identify the chemicals they use — claiming that is proprietary information — critics cite contamination problems in other natural gas drilling fields. They worry that unregulated fracking can taint drinking water, deplete aquifers and produce briny wastewater that can kill fish. In Dimock, Pa., about 40 miles west of the Matoushek well but outside the Delaware basin, state environmental regulators say that cracked casings on fracked wells have tainted residential water supplies with methane gas.

The Environmental Protection Agency announced last month that it will study the impact of fracking on the environment and human health. The EPA said in 2004 there was no evidence that fracking threatens drinking water quality, but critics, including a veteran engineer in the Denver regional EPA office, argued that report’s methodology was flawed.

The industry contends environmental concerns are overblown. It says the drilling techniques are safe and that there has never been a proven case of groundwater contamination caused by fracking — in part because fracking occurs far below the water table. Congress exempted hydraulic fracturing from federal oversight in 2005.

Dozens of people told the DRBC at a recent public hearing why they oppose the watershed drilling. A few supporters called it an economic boon and a property-rights issue.

Richard Kreznar, who owns property in the Pennsylvania riverfront community of Damascus, said gas drilling primarily benefits large landowners and exploration companies.

“After the Delaware River and the stream next to my house are messed up, what compensation will I get? Who will put it back together again?” he asked DRBC staff.

Lee Hartman, the Delaware River chairman for Trout Unlimited, worries that large water withdrawals required for fracking will create low stream flows in the Delaware’s tributaries, damaging fish habitat. For the Matoushek well, Stone Energy wants to take 700,000 gallons a day from the Lackawaxen River’s narrow west branch.

Hartman and others say the DRBC should first study the cumulative environmental impacts of drilling in the Delaware watershed, and pass drilling regulations, before it allows any gas extraction to take place. The agency has asked for $250,000 in federal funds for a study, but commissioners have not said whether they will wait before voting on Matoushek’s well.

Opponents say they will sue if Stone Energy’s application is approved.

Downstream communities that rely on the Delaware for drinking water are worried about the coming gas boom. New York City Mayor Michael Bloomberg opposes any drilling in the watershed, while the Philadelphia City Council has asked the basin commission for an environmental study.

New York state regulators have put a moratorium on drilling in the Marcellus region, saying they won’t approve permits until they are finished drafting new regulations.

Back in northeastern Pennsylvania, Matoushek, 68, a semiretired farmer who signed a lease with Stone Energy three years ago, said he is counting on royalty checks from gas production to help fund his golden years and secure the land for future generations of his family. As far he’s concerned, the benefits far outweigh any theoretical harm.

Copyright: Times Leader