Litigation

MDN has written, forever, about fractivist professor from Cornell University Tony Ingraffea. We still recall the first time we heard “Tony the Tiger” in person nearly six years ago (see Cornell Hydraulic Fracturing Expert Headlines First Meeting of New York Residents Against Drilling (NYRAD) in Vestal, NY). We said this at the time: Dr. Ingraffea is an accomplished speaker. He is equal parts comedian and expert, and he knows how to “work a crowd.” Indeed. He has since retired from Cornell but has created a cottage industry for himself in bashing natural gas and shale energy. The dunderheaded lawyer representing the two families suing Cabot Oil & Gas for contaminating their water in Dimock, PA called Tony the Tiger to the witness stand, as an “expert witness.” At first he wowed the crowd and the jury. We told you, he’s a good speaker. He also claimed, under oath, he’s not a protester or fractivist (an outright lie–perjury in our opinion). Cabot’s lawyers proceeded to shred his credibility under cross examination. Turns out Tony has never been involved with drilling or fracking a single well. Ever. The only thing he does is sit his rear-end in front of a computer and make pretty pie charts and “analyze” data. Oh, and he attends anti-fracking rallies too–as he admitted under oath to the Cabot lawyer. So much for the “expert” witness who claims he’s just a scientist and not a radical anti-driller…
Read More “Dimock Trial: Cornell Prof Tony Ingraffea Exposed as Fractivist”

The hits just keep rollin’ in from the Dimock “Cabot polluted my water” trial being held in Scranton, PA. It’s more like a comedy show than a trial. We wonder if the plantiffs will sue their own attorney for gross incompetence when it’s all done. Here’s the latest from last Thursday/Friday. The plantiffs’ attorney put an “expert witness” on the stand, Paul Rubin. Cabot’s lawyers proceeded to shred his testimony to pieces and show him as an anti-drilling activist with an agenda. Read MDN friend Tom Shepstone’s summary below–it’s prime. Also late last week the plantiffs’ attorney, for the second time admitted in open court, stated that the trial is not about frack fluid getting into well water–but rather about methane migration. For years people like Josh Fox of Gasland fame have falsely claimed frack fluids were the source of contamination in Dimock. That old lie is, once and for all, now exposed. Not even the plantiffs make that claim. We’d say this trial has served a useful purpose: to expose the anti-fossil fuel agenda and its peddlers as being truth-challenged…
Read More “Dimock Trial Update: Plaintiffs’ Expert Witness Exposed as Fracktivist”

Yesterday the lead Dimock plantiff in the lawsuit against Cabot Oil & Gas, Scott Ely, was on the witness stand to talk about how Cabot destroyed his water supply. Except when you read even biased news sources like PBS’ StateImpact Pennsylvania, it appears Ely didn’t do a lot of talking about his water but about his own tenure in working for Cabot. Ely attempted to smear Cabot’s reputation by making wild claims about the reckless nature of their operations. Of course Ely’s attorney hopes the jury will infer that if Cabot was reckless in other activities, they were likely reckless when they drilled near Ely’s home and caused his water to become contaminated with methane–a problem that is fixable (although Ely wouldn’t allow Cabot to fix it). In addition to Ely’s testimony, his attorney asked the judge, yet again, to allow 300 new pieces of “evidence” that she tried to slip in at the last minute, an ambush of Cabot’s attorneys. And once again the judge said “no” to her request…
Read More “Dimock Resident Scott Ely Takes the Stand in Lawsuit Against Cabot”

By Phelim McAleer

The Ely family in Dimock, Pennsylvania is suing an oil and gas company alleging they contaminated their water well through fracking. Dimock has become a focal point for anti-fracking activists with many calling it “Ground zero” for pollution. Dimock and the Ely’s have been featured in national and international news reports and documentaries. Celebrities such as Mark Ruffalo, Yoko Ono, and Susan Sarandon have visited the tiny community to sympathize. But yesterday in the first day of the trial, facts started to emerge that show the truth is much different from the previously reported stories. Questioned under oath, Scott Ely’s claims look a lot less certain and he looks a lot less credible. Below are five facts that emerged during the first day that expose serious problems with Ely’s claims that his water was contaminated by fracking.
Read More “Guest Post: Dimock Plaintiff Exposed Under Cross Examination”

Yesterday saw opening arguments in the case of two Dimock, PA families who are suing Cabot Oil & Gas with a claim that Cabot’s drilling “contaminated” their well water supplies (see Dimock Trial Starts Today – 2 Families Try to Shake Down Cabot). MDN friend and top film documentary maker Phelim McAleer–creator of the excellent FrackNation documentary–noticed a very important admission by the attorneys for the plaintiffs. In their opening arguments, the attorneys for the landowners admit that there is “no scientific proof” that fracking fluid ever reached or contaminated the plaintiffs’ water wells. We’ve known that and have trumpeted that for years. This case has always been about methane (natural gas itself) “migrating” through the ground into the water wells as a result of Cabot’s drilling program. That’s what is at issue: Did Cabot’s drilling cause methane migration? But the general public, because of propaganda films like Gasland and Gasland II, believe fracking chemicals had somehow seeped into the water wells in Dimock. Not true–and now it’s on the record for all, including Josh Fox, to see. The stunning admission by the landowners’ own lawyers that fracking fluid did not contaminate the wells in Dimock totally refutes false claims by Fox and Hollywood stars like Mark Ruffalo who have tried to use Dimock as a rallying cry…
Read More “Dimock Lawyers Admit Frack Fluid Didn’t Contaminate Well Water”

Borrowing an old Washington, DC inside joke about Chuck Schumer, the most dangerous place in Scranton, PA is standing between Dimock resident Scott Ely and a television camera. As we told you yesterday, two Dimock families finally made it to their day in court to accuse Cabot Oil & Gas of contaminating their water supplies (see Dimock Trial Starts Today – 2 Families Try to Shake Down Cabot). What was the first thing Scott Ely, one of the landowners, did? On a lunch break, Ely and the other plantiffs headed straight for the reporters to attempt to influence the jury pool with a storyline of being bullied by a big, mean corporation. After lunch, the judge warned the plaintiffs’ attorney that the plaintiffs were not to run their yaps outside of the courtroom…
Read More “Dimock Plantiffs Warned by Judge to Keep Their Yaps Shut”

Dimock, PA is the story that just doesn’t die. We thought the story of methane migration into nearby water wells in a small area of Dimock, PA (from Cabot Oil & Gas wells) had long since been put to bed. There were 14 families along the Carter Road area that reportedly experienced turbidity in their water from methane migrating from drilling operations nearby. The state Dept. of Environmental Protection investigated in 2010 and declared Cabot guilty and imposed some pretty stiff fines and requirements, including a requirement to install permanent water treatment systems at each home and even an offer to each of the families to pay twice what their property was worth at the time (see PA DEP Takes Aggressive Action Against Cabot Oil & Gas over Dimock Township Methane Contamination). We won’t recount all of the twists and turns we documented over the years, including research that showed Cabot wasn’t responsible for the methane migration. All of the properties either sold to Cabot or got their water systems repaired–except for two holdout families who are riding the horse of hope that they can sue Cabot for big money and retire millionaires. Of course the only people making money on the lawsuit are their lawyers–but that doesn’t seem to bother them. The final two holdouts in Dimock get their day in court beginning today. Except their lawyers sleazily tried to sneak in a bunch of “evidence” at the last minute–and the judge has ruled they can’t use it. In fact, the judge called the move a “sad and shocking spectacle.” No one can predict the court’s outcome for sure, but given what’s happened so far, it’s pretty easy to predict that Cabot will win this one and then the final chapter will be written in the long, sordid tale of how anti-drillers tried to demagogue the Dimock situation–and lost…
Read More “Dimock Trial Starts Today – 2 Families Try to Shake Down Cabot”