PA EHB Denies CNX Motion to Dismiss Fracking Well Water Case

On February 3, 2026, Pennsylvania’s Environmental Hearing Board (EHB) denied a motion by CNX to dismiss an appeal from James and Barbara Ullom regarding significant water loss on their Washington County property. The Ulloms allege that fracking operations at CNX’s NV110 well pad, located approximately 890 feet from their well, caused their water supply to fail (loss of water). Although the Department of Environmental Protection (DEP) initially found no link, the EHB, a special court that hears appeals of DEP decisions, ruled that the Ulloms had established a prima facie case. A central legal issue remains: whether the Oil and Gas Act's "rebuttable presumption" of liability applies to water loss or strictly to contamination.

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