Federal environmental and health agencies collect data from Dimock families

citizensvoice.com/news/federal-environmental-and-health-agencies-collect-data-from-dimock-families-1.1232108#axzz1e4UZpkud
By Laura Legere (Staff Writer)
Published: November 14, 2011

Officials from federal environmental and public health agencies met with residents of Dimock Township late last week to discuss the impacts of Marcellus Shale natural gas drilling and to gather water-test results from families affected by methane migration.

Three representatives from the Environmental Protection Agency and the Agency for Toxic Substances and Disease Registry visited Thursday with families around Carter Road, an area of Susquehanna County where state regulators have linked increased methane in water supplies to faulty natural gas wells.

“They wanted information; they wanted documentation,” Dimock resident Scott Ely said. “They are looking to see if there is any environmental impact that would threaten life or health.”

Efforts to reach an EPA spokeswoman were unsuccessful Friday, when government offices were closed for Veterans Day.

Natural gas drilling is largely regulated in Pennsylvania by the state Department of Environmental Protection, but the EPA is conducting a multiyear study to determine if there is a link between hydraulic fracturing, or fracking, and contaminated water supplies.

The Agency for Toxic Substances and Disease Registry is an arm of the U.S. Department of Health and Human Services that works to prevent harmful exposures to toxic substances.

Dimock resident Victoria Switzer said the agencies were interested in copies of water sample results from her well, including data gathered by scientists not affiliated with the state or natural gas drilling contractors.

She also outlined her concerns that the state Department of Environmental Protection weakened enforcement actions against Cabot Oil and Gas Corp., the operator that DEP deemed responsible for increased methane in water supplies. Cabot denies it impacted the water and says the elevated methane pre-existed its operations.

“The watchdog is licking the hand of the thief that is giving it a steak,” she said. “We want to get this issue to a high place.”

Efforts to reach a DEP spokeswoman were unsuccessful Friday.

llegere@timesshamrock.com

New Waterless Fracking Method Avoids Pollution Problems

insideclimatenews.org/news/20111104/gasfrac-propane-natural-gas-drilling-hydraulic-fracturing-fracking-drinking-water-marcellus-shale-new-york

By Anthony Brino, InsideClimate News and Brian Nearing, Albany Times-Union
Nov 6, 2011

Little-noticed drilling technique uses propane gel, not water, to release natural gas. Higher cost, lack of data and industry habit stand in the way.

Tanks labeled as "Brine Water" on a property in Dimock, Pa. In conventional fracking, wastewater can be several times saltier than sea water and tainted with chemicals and mild radioactivity.

ALBANY, N.Y.—In the debate over hydraulic fracturing for natural gas, two facts are beyond dispute: Huge amounts of water are used to break up gas-bearing rock deep underground and huge amounts of polluted water are returned to the surface after the process is complete.

Tainted with chemicals, salts and even mild radioactivity, such water, when mishandled, has damaged the environment and threatened drinking water, helping fuel a heated debate in New York and other states over whether gas drilling is worth its risk to clean drinking water, rivers and streams.

Now, an emerging technology developed in Canada and just making its way to the U.S. does away with the need for water. Instead, it relies on a thick gel made from propane, a widely-available gas used by anyone who has fired up a backyard barbecue grill.

Called liquefied propane gas (LPG) fracturing, or simply “gas fracking,” the waterless method was developed by a small energy company, GasFrac, based in Calgary, Alberta.

Still awaiting a patent in the U.S., the technique has been used  about 1,000 times since 2008, mainly in gas wells in the Canadian provinces of Alberta, British Columbia and New Brunswick and a smaller handful of test wells in states that include Texas, Pennsylvania, Colorado, Oklahoma and New Mexico, said GasFrac Chief Technology Officer Robert Lestz.

Like water, propane gel is pumped into deep shale formations a mile or more underground, creating immense pressure that cracks rocks to free trapped natural gas bubbles. Like water, the gel also carries small particles of sand or man-made material—known as proppant—that are forced into cracks to hold them open so the gas can flow out.

Unlike water, the gel does a kind of disappearing act underground. It reverts to vapor due to pressure and heat, then returns to the surface—along with the natural gas—for collection, possible reuse and ultimate resale.

And also unlike water, propane does not carry back to the surface drilling chemicals, ancient seabed salts and underground radioactivity.

“We leave the nasties in the ground, where they belong,” said Lestz.

Read Full Article

New Waterless Fracking Method Avoids Pollution Problems, But Drillers Slow to Embrace It

Lawyer: Dimock water unsafe; deliveries should go on

thetimes-tribune.com/news/gas-drilling/lawyer-dimock-water-unsafe-deliveries-should-go-on-1.1227996#axzz1cqCyvXh1

By Laura Legere (Staff Writer)
Published: November 5, 2011

Attorneys for Dimock Twp. families suing a natural gas driller over contamination claims are asking the state’s chief oil and gas regulator to reverse his decision allowing fresh water deliveries to the families to end.

Tate Kunkle, a lawyer representing the 11 families in a suit against Cabot Oil and Gas Corp., wrote to the head of the Department of Environmental Protection’s Office of Oil and Gas Management on Thursday to rebut Cabot’s claim that the families’ well water is safe and that proposed treatment systems work.

dimock_letter

He cited tests over the past 22 months showing elevated levels of lead, aluminum, iron, toluene, methane and manganese in some of the water supplies, as well as detection of chemicals found in synthetic sands, hydraulic fluid and antifreeze that “are not naturally occurring and that are associated with natural gas drilling.”

“The fact is that the water in the Dimock/Carter Road Area remains unsafe for drinking, even with Cabot’s proposed ‘whole house treatment system,’ ” Mr. Kunkle wrote.

The DEP determined that faulty Cabot Marcellus Shale wells allowed methane to seep into aquifers in the Susquehanna County township, a finding the company disputes. Families have been relying on deliveries of fresh bottled and bulk water for drinking, bathing and cooking for nearly three years.

On Oct. 19, the agency found that Cabot had met the obligations necessary to end delivery of the water supplies outlined in a December settlement between Cabot and DEP. The settlement was reached after the Rendell Administration abandoned plans to build a public waterline to the homes and sue Cabot for the costs.

Those obligations included funding escrow accounts for 19 affected families with twice the tax-assessed value of their properties and offering to install methane-removal systems in the homes. The obligations did not include restoring the residents’ well water to its original quality or reducing levels of dissolved methane in the aquifer.

A DEP spokeswoman referred to a recent letter to the editor published by DEP Secretary Michael Krancer in the (Chambersburg) Public Opinion for his comments on the issue.

Mr. Krancer wrote that Cabot met the requirements outlined in the December agreement “and the law, in turn, requires DEP to follow its obligations – which we have done.

“The real issue here is not safety,” he continued. “It’s about a very vocal minority of Dimock residents who continue to demand that taxpayers should foot the bill for a nearly $12 million public waterline along Route 29 to serve about a dozen homes.”

Cabot argues that the methane in Dimock water supplies occurs naturally and is not a result of its gas-drilling activities. It has produced data showing naturally occurring methane is detectable in 80 percent of Susquehanna County water supplies.

The company plans to stop the fresh water deliveries on or before Nov. 30.

Cabot spokesman George Stark said Friday that the company is reviewing Mr. Kunkle’s letter. “Cabot continues to fully cooperate with the DEP regarding our operations,” he said.

In his letter, Mr. Kunkle quoted email messages from a Dimock resident who accepted a Cabot treatment system and found it failed to treat turbidity and metals in her water.

Mr. Kunkle accused Cabot of misrepresenting or selectively reporting water-quality test results and charged DEP with colluding with and “coddling” Cabot while abandoning the regulatory requirement for drillers to restore or replace tainted water supplies.

“To be sure, PADEP has taken a stance: profits of a private corporation from Texas are more important than the constitutional right to pure water of the Commonwealth’s residents,” he wrote.

Contact the writer: llegere@timesshamrock.com

Dimock, Pennsylvania Residents Will Stop Receiving Water From Fracking Company

www.huffingtonpost.com/2011/10/19/dimock-pennsylvania-replacement-water_n_1019743.html
MICHAEL RUBINKAM   10/19/11

ALLENTOWN, Pa. — Pennsylvania environmental regulators said Wednesday they have given permission to a natural-gas driller to stop delivering replacement water to residents whose drinking water wells were tainted with methane.

Residents expressed outrage and threatened to take the matter to court.

Cabot Oil & Gas Corp. has been delivering water to homes in the northeast village of Dimock since January of 2009. The Houston-based energy company asked the Department of Environmental Protection for approval to stop the water deliveries by the end of November, saying Dimock’s water is safe to drink.

DEP granted Cabot’s request late Tuesday, notifying the company in a letter released Wednesday morning. Scott Perry, the agency’s acting deputy secretary for oil and gas management, wrote that since Cabot has satisfied the terms of a December settlement agreement requiring the company to remove methane from the residents’ water, DEP “therefore grants Cabot’s request to discontinue providing temporary potable water.”

Residents who are suing Cabot in federal court say their water is still tainted with unsafe levels of methane and possibly other contaminants from the drilling process. They say DEP had no right to allow Cabot to stop paying for replacement water.

Bill Ely, 60, said the water coming out of his well looks like milk.

“You put your hand down a couple of inches and you can’t see your hand, that’s how much gas there is in it. And they’re telling me it was that way all my life,” said Ely, who has lived in the family homestead for nearly 50 years and said his well water was crystal clear until Cabot’s arrival three years ago.

If Cabot stops refilling his 550-gallon plastic “water buffalo” that supplies water for bathing and washing clothes, Ely said it will cost him $250 per week to maintain it and another $20,000 to $30,000 to install a permanent system to pipe water from an untainted spring on his land.

Ely and another resident, Victoria Switzer, said their attorneys had promised to seek an injunction in the event that DEP gave Cabot permission to halt deliveries. The attorneys did not immediately return an email and phone call seeking comment.

Regulators previously found that Cabot drilled faulty gas wells that allowed methane to escape into Dimock’s aquifer. The company denied responsibility, but has been banned from drilling in a 9-square-mile area of Dimock since April of 2010.

Along with its request to stop paying for deliveries of water, Cabot has asked the department for permission to resume drilling in Dimock, a rural community about 20 miles south of the New York state line where 18 residential water wells were found to be polluted with methane. DEP has yet to rule on that request.

Philip Stalnaker, a Cabot vice president, asserted in a Monday letter to DEP that tests show the residents’ water to be safe to drink and use for cooking, bathing, washing dishes and doing laundry. He said any methane that remains in the water is naturally occurring but that Cabot is willing to install mitigation systems at residents’ request.

Months’ worth of sampling data provided by DEP to The Times-Tribune of Scranton show that methane has spiked repeatedly this year in the water wells of several homes, reaching potentially explosive levels in five, the newspaper reported Wednesday.

Cabot cited data from 2,000 water samples taken before the commencement of drilling in Susquehanna County that show that 80 percent of them already had methane.

“The amount of methane in a water supply is neither fixed nor predictable,” and depends on a variety of factors unrelated to drilling, Cabot spokesman George Stark said in an email Wednesday.

Methane is an odorless, colorless, tasteless gas commonly found in Pennsylvania groundwater. Sources include swamps, landfills, coal mines and gas wells. Methane is not known to be harmful to ingest, but at high concentrations it’s flammable and can lead to asphyxiation.

The December 2010 agreement between DEP and Cabot required the company to offer residential treatment systems that remove methane from the residents’ water, and to pay them twice the assessed tax value of their homes. A half-dozen treatment systems have been installed, and Cabot said they are effective at removing the gas.

But residents who filed a federal lawsuit against Cabot are appealing the December settlement. They favor an earlier, scuttled DEP plan that would have forced Cabot to pay nearly $12 million to connect their homes to a municipal water line.

Switzer said it’s inappropriate for the state to allow Cabot to stop the water deliveries while the appeal is pending – and while there still are problems with residents’ water.

“They keep changing the rules to accommodate this gas company. It’s so blatantly corrupt,” she said.

DEP spokeswoman Katherine Gresh said the December settlement gave Cabot the right to halt the deliveries once the company funded escrow accounts for the homeowners and is “independent of the water quality results.”

Cabot plans to inform each homeowner by Nov. 1 that it will discontinue deliveries of bulk and bottled water by Nov. 30. The company also offered to pay for a plumber to reconnect residents’ water wells. Cabot said it will stop delivering replacement water “at its earliest opportunity” to homeowners who refuse to allow testing of their well water.

Battle in Dimock: Gas vs. water

www.timesleader.com/news/Battle_in_Dimock__Gas_vs__water_10-16-2011.html

October 17, 2010
MICHAEL RUBINKAM

Some wells have been fouled in an area where drilling for natural gas is intensive.

DIMOCK — Three years after residents first noticed something wrong with their drinking-water wells, tanker trucks still rumble daily through this rural Northeastern Pennsylvania village where methane gas courses through the aquifer and homeowners can light their water on fire.

One of the trucks stops at Ron and Jean Carter’s home and refills a 550-gallon plastic “water buffalo” container that supplies the couple with water for bathing, cleaning clothes and washing dishes. A loud hissing noise emanates from the vent stack that was connected to the Carters’ water well to prevent an explosion — an indication, they say, the well is still laced with dangerous levels of methane.

Recent testing confirms that gas continues to lurk in Dimock’s aquifer.

“We’re very tired of it,” says Jean Carter, 72. Tired of the buffalo in their yard, tired of worrying about the groundwater under their house, and tired of the fight that has consumed Dimock every day since the fall of 2008.

Like everyone else here, the Carters are eager to turn the page on the most highly publicized case of methane contamination to emerge from the early days of Pennsylvania’s natural-gas drilling boom. Cabot Oil & Gas Corp., the Houston-based energy firm held responsible and fined hundreds of thousands of dollars for polluting the groundwater, is just as anxious to resume drilling in a 9-square-mile area of Dimock that has been placed off-limits to the company until it repairs the damage.

State regulators blame faulty gas wells drilled by Cabot for leaking methane into Dimock’s groundwater. It was the first serious case of methane migration connected to Pennsylvania’s 3-year-old drilling boom, raising fears of potential environmental harm throughout the giant Marcellus Shale gas field. Drilling critics point to Dimock as a prime example of what can and does go wrong.

Methane from gas-drilling operations has since been reported in the water supplies of several other Pennsylvania communities, forcing residents to stop using their wells and live off water buffaloes and bottled water. Though gas companies often deny responsibility for the pollution, the state has imposed more stringent well-construction standards designed to prevent stray gas from polluting groundwater.

Dimock’s long quest for clean water may finally be reaching a critical stage.

After a series of false starts, Cabot, one of the largest drillers in the Marcellus, said it has met the state’s Oct. 17 deadline to restore or replace Dimock’s water supply, installing treatment systems in some houses that have removed the methane.

Residents who have filed suit against Cabot disagree, saying their water is still tainted and unusable. Another homeowner claims the $30,000 treatment system that Cabot put in failed to work.

Ultimately, it will fall to the Pennsylvania Department of Environmental Protection to decide whether Cabot has fulfilled its obligation to the residents, whose story was highlighted in last year’s Oscar-nominated documentary “Gasland.”

If regulators sign off, the company plans to resume work on a dozen gas wells in Dimock.

And, in a move sure to infuriate the residents, it will also stop paying for water deliveries to the Carters and several others whose wells were tainted with methane and, some say, toxic chemicals.

It’s not clear how DEP will respond to Cabot’s bid to restart operations, but spokeswoman Katherine Gresh said the agency is not under any deadline.

“DEP will continue to require Cabot to do this work until we are satisfied that the methane migration problem has ceased, regardless of how long it takes,” she said via email.

Despite company assurances of clean water, testing reveals that methane persists in Dimock’s aquifer — though it remains to be seen whether that alone will thwart Cabot from drilling again.

A Cabot contractor who sampled the water in mid-September found a high level of gas in the enclosed space of a water well owned by Craig Sautner, who is among the plaintiffs suing Cabot. DEP test results indicate that five more homes had levels of dissolved methane that exceeded the standard set by a December 2010 agreement between DEP and Cabot — the same agreement whose conditions Cabot says it has met.

The latest results, Sautner said, prove that nothing has changed.

“I don’t know why Cabot says there aren’t any problems in Dimock,” said Sautner, 58. “If they’re going to say that our water’s fine, I want them to be the first guinea pigs and drink it. Nice, big, tall glass of water.”

Cabot characterized the mid-September methane spike at Sautner’s house as an anomaly and said the big picture is that Dimock residents who accepted a treatment system from the company enjoy methane-free water.

“The water is clean for the families inside that area,” said Cabot spokesman George Stark.

Questions also remain about the integrity of gas wells that Cabot has already drilled.

As recently as May, DEP said nearly half of Cabot’s wells in the Dimock area — 20 of 43 — continued to leak methane, including 14 that DEP said were of the “most concern.” In a letter obtained by The Associated Press, a DEP official wrote to Cabot that the leaking wells indicate faulty construction and that Cabot had “yet to achieve full compliance” with DEP mandates.

Cabot disagreed with DEP’s assertions about its gas wells, and has been supplying documentation to the agency showing that all the wells are safe, Stark said.

Some Dimock residents say their water wells were fouled not only with methane that DEP said migrated from improperly cemented Cabot gas wells, but possibly with toxic chemicals commonly used in the drilling process known as hydraulic fracturing or “fracking.”

The company denied responsibility, saying it doesn’t use the chemicals that a consultant working for the plaintiffs found in the wells last year. Cabot suggested a nearby auto repair shop was to blame.

The problems in Dimock, about 20 miles south of the New York state line, first arose in the fall of 2008, a month after Cabot started drilling in the area. The water that came out of residents’ faucets suddenly became cloudy, foamy and discolored. Homeowners, all of whom had leased their land to Cabot, said the water made them sick with symptoms that included vomiting, dizziness and skin rashes.

One of the water wells exploded on New Year’s Day 2009, prompting a state investigation that found Cabot had allowed combustible gas to escape into the region’s groundwater supplies, contaminating at least 18 residential water wells.

Cabot asserts the methane in the residents’ wells is naturally occurring and denies polluting the water — with methane or anything else — even though DEP has said its tests confirmed the gas migrated from Cabot’s wells.

The company has plenty of support in Dimock and the rest of Susquehanna County. Many homeowners living in the moratorium area are anxious for Cabot to start drilling again so they can begin receiving royalties on the land they have leased to the company.

Jean Carter, who lives a few hundred feet from a pair of gas wells, said she and her husband have spent countless hours worrying about the water. (Cabot asserts their supply is fine, pointing to test results that show an insignificant level of dissolved methane in the Carters’ well water.)

Many worry about water

http://citizensvoice.com/news/many-worry-about-water-1.1150470#axzz1MzQ9BcoU

By Laura Legere (staff writer)
Published: May 22, 2011

An agreement between the Department of Environmental Protection and Chesapeake Energy to address methane seeping into water wells in Bradford County has left some affected residents wondering how and if the deal will help fix their tainted water.

The consent order issued May 16 accompanied a $700,000 fine and $200,000 voluntary payment by Chesapeake for allowing methane trapped in shallow rock formations to leak into drinking water aquifers as it drilled at least six sets of wells into the Marcellus Shale last year.

Sixteen families were identified in the order as having water wells directly impacted by the disturbed methane. Although the order outlines steps the driller must take to monitor and address the contamination, the residents said they have not been told what to expect.

“We don’t know if it is fixable,” said Michael Phillips, one of a cluster of affected residents on Paradise Road in Terry Township. Chesapeake tried unsuccessfully to drill the family a new well and then installed a temporary water-treatment system in a shed in the backyard. Private water tests showed contaminants remained despite the system, he said, so the family is relying on a large plastic water tank, or buffalo, for drinking and cooking.
Read more

Follow Pa.’s lead on gas drilling? No thanks

Kathryn Z. Klaber, Pennsylvanian and longtime gas industry spokesperson, now crosses the border to lecture New Yorkers on how dumb we are to hesitate joining the big gas blowout.

In her Jan. 17 Star-Gazette viewpoint (“Delaying drilling will hurt N.Y.”), Klaber berates new New York’s Department of Environmental Conservation Commissioner Joe Martens for saying: “I see no reason to rush to judgment on a decision as monumental as hydrofracking.”

“The short-term economic case for harvesting clean energy resources from the Marcellus is … compelling,” Klaber responds.

Harvesting? You know, like corn and potatoes. Clean energy? Yes, right in there with oil and coal.

How could we not want to emulate Pennsylvania’s 1,610 DEP violations since 2008, 1,057 of which were judged likely to impact the environment?

How could we not envy the 3.6 million barrels of waste water sent to Pennsylvania treatment plants, and, according to DEP records, emptied into Pennsylvania rivers?

How could we not want Dimock’s drinking water? Or the industrialization of Pennsylvania’s Endless Mountains and of Williamsport’s Little League World Series? The gas companies are just licking their chops to do the same for Cooperstown and the Finger Lakes.

“Has there ever been a more important time to take advantage of these opportunities?” Klaber asks.

Yes — how about never?

Steve Coffman
January 26, 2011, 12:00 am
http://www.stargazette.com/article/20110126/VIEWPOINTS03/101260302/1121/Follow-Pa.-s-lead-on-gas-drilling?-No-thanks

EPA considers using Dimock, Pa. for case study

http://www.pressconnects.com/article/20110107/NEWS01/101070383/EPA+considers+using+Dimock++Pa.+for+case+study

EPA considers using Dimock, Pa. for case study

By Jon Campbell •jcampbell1@gannett.com • January 7, 2011, 8:55 pm

When the U.S. Environmental Protection Agency came to Binghamton last year for two days of hearings on hydraulic fracturing, it was looking for suggestions on where to do a case study.

The response heard over and over? Dimock, Pa., the tiny township in Susquehanna County where state officials say faulty gas drilling operations led to 18 methane-contaminated water wells and a community divided.

Those voices were apparently heard.

EPA officials have been in contact with some Dimock landowners, and an agency spokeswoman confirmed the once-sleepy hamlet that has gained national attention is under consideration to be a part of a $1.9 million study which is expected to last at least two years.

“We received many nominations for case studies,” said Betsaida Alcantara, the EPA spokeswoman. “We are evaluating the nominations, including Dimock, to determine which of them we will undertake as case studies.”

Last year, the EPA launched a study on fracking — a gas-stimulation technique that involves the use of a high-pressure mix of water, sand and chemicals blasted deep underground — and its possible effect on groundwater.

Supporters of the process say it’s safe and crucial for extracting massive amounts of gas from shale formations. Critics say it could wreak havoc on the environment and taint water.

Robert Puls, director of research for the EPA’s Ground Water and Ecosystems Restoration Division, met a month ago with a number of Dimock homeowners whose water wells had been contaminated with high levels of methane, according to Victoria Switzer, a resident who took part in the meeting.

The Pennsylvania Department of Environmental Protection has held Cabot Oil & Gas Corp. responsible for the contamination, but the company has denied responsibility, instead opting to settle with the department to end nearly two years of legal wrangling.

Switzer is one of about a dozen Dimock residents who have sued Cabot for damages, claiming their drilling operations led to their ruined water wells.

“(Puls) met with us and asked us if we would be interested in the possibility of a being a case study,” Switzer said. “It would be great. To me, my goal has always been to protect my home and my land. I now know that the DEP isn’t going to do that, and Cabot certainly isn’t going to do that. I’m hopeful, and maybe I’m naïve, that the EPA can help us if they take us as a case study.”

Cabot spokesman George Stark said the company would be more than willing to cooperate with the EPA.

“Cabot Oil & Gas Corporation will participate in a fact-based hydraulic fracturing study regarding any locality where it currently operates,” Stark said. “It is Cabot’s opinion that too much misinformation exists today regarding hydraulic fracturing. Studies aimed at collecting valid facts and evidence regarding hydraulic fracture technologies, operations and practices are welcome.”

Dimock was the overwhelming choice of speakers at the September hearings at the Forum. Some from environmental groups pointed to the site as an example of the consequences of natural gas drilling, while landowners and industry representatives asked the agency to investigate the site and dispel myths.

If the township is going to be included in the EPA study, it may be contingent on how wide of a scope the agency takes.

A directive from Congress that kick-started the study asked the agency to look at the relationship between hydrofracking and groundwater. Many at the public hearings, however, urged it to take a wider approach, including all of the drilling activities that take place before and after the fracking process.

The DEP concluded the Dimock water well contamination was caused by faulty well casing and drilling operations and not the hydrofracking process, though a spill of a fracking solution made its way to a local stream.

“Should the community of Dimock be chosen as a community to be studied, Cabot notes for the record that the (Pennsylvania DEP) has stated that Dimock does not have a hydraulic fracturing issue,” Stark said.

Switzer said she’s hopeful the EPA will include Dimock, calling the agency her “last hope.”

“We’re waiting. I don’t have any assurances that they’re going to do it, but I’m in prayer mode,” Switzer said. “I’m hopeful that if EPA were involved, that they would gain from the experience. I don’t have anywhere else to go. They’re our last chance.”

Napoli Bern Ripka & Associates, LLP Views Cabot Oil’s Use of DEP Consent Order as Improper

http://www.prnewswire.com/news-releases/napoli-bern-ripka–associates-llp-views-cabot-oils-use-of-dep-consent-order-as-improper-112236604.html

Napoli Bern Ripka & Associates, LLP Views Cabot Oil’s Use of DEP Consent Order as Improper

NEW YORK, Dec. 21, 2010 /PRNewswire/ — Attorneys of Napoli Bern Ripka & Associates, LLP, representing plaintiffs in Dimock, Pennsylvania who have sued Cabot Oil & Gas Corporation (Fiorentino v. Cabot Oil & Gas Corp., USDC-Middle District of PA., Docket No.:  3:09-CV-02284) for contamination of their drinking water announced today that Cabot and its attorneys have attempted to use a consent order entered with the Pennsylvania Department of Environmental Protection (DEP) to allegedly mislead their clients into waiving their rights to continue the litigation.

The Dimock plaintiffs have sued Cabot Oil over its use of hydraulic fracturing known as “fracking.”  Natural gas drillers use fracking to get gas that is trapped in pores and fissures in the sub-surface rock.  The method involves pumping a toxic stew of chemicals and water at very high pressures into the rock to “fracture” it thus allowing the gas to escape up into the well.  Fracking causes groundwater contamination from surface releases, leaking well casings and the chemicals working their way up to potable water supplies.

The DEP determined that Cabot had failed to complete its obligations under an earlier consent order by failing, among other things, to “permanently restore and replace water supplies” and also failing to “completely eliminate the unpermitted discharge of natural gas into the waters of the Commonwealth” from its gas wells in the Dimock/Carter Road areas.  As a result, the DEP entered a consent order with Cabot on December 15, 2010.  The Order requires Cabot to do a number of things, including paying the greater of $50,000 or two times the assessed value of the [affected] property into nineteen escrow funds to “pay for or restore and/or replace the water supplies or to provide for ongoing operating or maintenance expense.”  This money was to be paid without any obligation on the part of the property owner, a number of whom have been involved in civil litigation against Cabot in the United States District Court for the Middle District of Pennsylvania (December 15, 2010 Consent Order and Settlement Agreement).

Instead of simply notifying the attorneys for these plaintiffs, Cabot’s agent reportedly telephoned a number of the plaintiffs directly on December 17, 2010.  Cabot’s attorneys opined in a December 20, 2010 letter to the Napoli office that the agent’s calls were not a violation of Rule 4.2 of the Pennsylvania Disciplinary Code for Attorneys, which precludes directly contacting an adversary, known to be represented by counsel, because the agent is not himself an attorney.

In addition to advising plaintiffs, all of whom are represented by legal counsel, that Cabot was required to test their water supply under the Consent Order, Cabot also reportedly told those plaintiffs that they would be required to sign releases of all of their claims against Cabot in the litigation to obtain the payment already due them under the Consent Order. Nothing in the Consent Order with DEP requires the plaintiffs to sign such releases and signing the release would have foreclosed the plaintiffs’ ability to continue to seek damages in their civil suit.  The damages claimed against Cabot are far higher than the amounts Cabot is required to pay by the DEP consent order.

Said plaintiffs’ attorney Marc Jay Bern states, “Cabot’s attorneys claim they are not responsible for their client’s unethical and dishonest conduct in calling my clients and misleading them about the need to sign releases to obtain the money due them under the Consent Order.  They knew Cabot (their client) was making these calls and they are just as responsible as Cabot and its General Counsel, himself an attorney who is bound by the Disciplinary Code to avoid contact with litigation adversaries who are represented by counsel.”  Bern continued, “Cabot’s conduct violates every precept of fairness and honesty toward these people who neither signed on to the Consent Order nor were involved in negotiating its terms.”

Press Release Contact Information:
Marc Jay Bern
Senior Partner
Napoli Bern Ripka & Associates, LLP
(212) 267-3700
mjbern@napolibern.com

DEP-Cabot settlement gets Rendell’s approval

http://citizensvoice.com/news/drilling/dep-cabot-settlement-gets-rendell-s-approval-1.1078462

DEP-Cabot settlement gets Rendell’s approval

By Robert Swift (Harrisburg Bureau Chief)
Published: December 17, 2010

HARRISBURG – Gov. Ed Rendell gave his personal stamp of approval today to the settlement between the Department of Environmental Protection and Cabot Oil and Gas Corp. to address water contamination problems in Dimock Township.

“It’s a good settlement because they (Cabot) share the fiscal responsibility of making this right,” Rendell said.

Under the settlement, Cabot agrees to pay $4.1 million to residents affected by methane contamination attributed to faulty Cabot natural gas wells. In exchange, DEP has dropped its plan to build a 12.5-mile waterline from Montrose to Dimock Township to restore water supplies to 19 families affected by methane contamination in their water supplies.

Rendell said the settlement is due to the determination of DEP Secretary John Hanger to reach a solution to the township’s water woes.

State regulators will watch Cabot very carefully as the company resumes hydrofracking operations and drilling for natural gas pockets in the area next year as provided under the settlement, Rendell said.

rswift@timesshamrock.com