Residents claim negligence, sue Chesapeake
Arbitration sought by Bradford County families. Contaminated water claimed.
SCRANTON – Attorney Todd J. O’Malley on Monday filed what he called the first in a series of lawsuits against natural gas drilling companies on behalf of families he said have been harmed by negligent drilling activities.
Representing three Bradford County families, O’Malley, of O’Malley & Langan in Scranton, and New York attorney William Friedlander, filed a petition in U.S. District Court seeking to force Chesapeake Energy Corp. into arbitration, claiming the company contaminated their water, devalued their land and caused many other hardships.
Chesapeake Appalachia LLC and Nomac Drilling LLC are also named as respondents.
The petition states that Wyalusing residents Mike and Jonna Phillips, Scott and Cassie Spencer and Jared and Heather McMicken, all living in homes along Paradise Road, entered into 10-year oil and gas leases with Chesapeake in 2007 or 2008.
The petition also states that the families “suffered water and property contamination caused by the negligent and grossly negligent oil and gas drilling activities” of the companies, which “caused the release, spill, discharge, and emission of combustible gases, hazardous chemicals, and industrial wastes from their oil and gas drilling facilities.”
The releases caused damages including loss of home values, costs of property remediation, loss of quality of life, emotional distress and punitive damage. The amount in dispute exceeds $75,000, the petition states.
O’Malley said clauses in the leases require arbitration for such disputes, but the companies have refused to arbitrate. He said arbitration would be faster than a full-blown court case and the families need relief now.
O’Malley said water purification systems Chesapeake installed for the families work poorly if at all and improper installation led to flooding and mold problems in one family’s home.
“It has been one nightmare after another for them,” he said.
A Chesapeake spokesman, who was unaware of the petition, said he would look into the matter but did not call back on Monday.
Nels Taber, regional director for the North Central regional Office of the state Department of Environmental Protection, said DEP was informed of the gas migration problems in July 2010 and determined that the residents’ water wells “had been impacted by gas drilling activities.” He said Chesapeake took “some remedial activities” and Chesapeake installed three new drinking water with water treatment systems.
Taber said the possible levying of fines was “an ongoing matter.”
O’Malley said his clients were “not going to get rich” through the gas leases because each family owns only 2 acres of land. He said they signed the leases because a land man convinced them it would reduce the nation’s dependence on foreign oil.
O’Malley said he is representing about 10 other families in different locations who have suffered similar problems that he says were caused by Chesapeake or Chief Gathering.