DEP Final Determination: Range Didn’t Pollute Kiskadden Water Well
Another “Range Resources impoundment leak polluted my water well” case was quietly resolved just a few days ago. You may recall that for some time we’ve been following the back and forth between Range Resources and their (former) wastewater impoundments in Washington County, PA. The PA Dept. of Environmental Protection (DEP) fined Range a whopping $4.15 million for violations in September 2014 (see PA DEP Fines Range Resources $4.15M for Wastewater Impoundments). Some of the nearby neighbors claimed that Range’s leaky impoundments (a quarter of a mile away) contaminated their water wells. One of those landowners was Loren Kiskadden, who is suing Range in civil court. The problem is, the DEP found that the nearby Yeager impoundment had not contaminated Kiskadden’s well, which led to allegations that the DEP had bungled the investigation (see Did DEP Mishandle Range Wastewater Impoundment Investigation?). Kiskadden had to press on, because if the DEP doesn’t reverse its finding, he has no civil case against Range. Press on he did (see Hearing on Range Yeager Impoundment/Water Contamination Continues). The matter was heard by the DEP’s Environmental Hearing Board (EHB). The EHB found that Kiskadden didn’t have a case–his well was not contaminated by Range’s impoundment. So Kiskadden and his lawyers asked for a re-hearing. The result of that re-hearing just came back and closes the door, once and for all, on the case…
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In August MDN brought you the news that Antero Resources has decided to build a new state-of-the-art frack wastewater treatment plant in Doddridge County, WV for $275 million (see 
The legal beagles at energy law firm Babst Calland are raising the alert that another “sue and settle” lawsuit has been filed against the federal Environmental Protection Agency (EPA) by seven radical environmental groups. This is the latest attempt at forcing the EPA to comply with a lawsuit that they intentionally lose. What? Yes, they intentionally lose the lawsuit and then tell Congress that they “have to” comply with a court order “forcing” them to enact certain unlegislated rules and regulations in order to comply with a judge’s order–in effect giving them one more weapon in their arsenal to illegally regulate the oil and gas industry. Regulation of oil and gas is Constitutionally left up to the individual states. The EPA, especially under Obama, has been innovating ways to circumvent the Constitution and Congress and cease regulation authority. So-called “sue and settle” lawsuits are one of the ways they do it. Here comes another one. This time radical environmental groups (which should be sued themselves) have sued the EPA to force them to regular oil and gas drilling wastes under the federal Resource Conservation and Recovery Act (RCRA). Here’s a summary of what’s happening…
The radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF) does its best to trick townships into passing illegal bans. In 2013 the CELDF fooled Highland Township in Elk County, PA into passing a ban on wastewater injection wells. They also tricked Grant Township in Indiana County, PA to do the same thing. Both towns are in court defending their illegal actions. One of the idiotic legal tactics used by the CELDF in both cases is to claim that an ecosystem is a “person” under the law–a person who can file to join the town’s lawsuit in an effort to protect itself (see 
In July MDN reported that GreenHunter Resources–the water resource, waste management, and environmental services subsidiary of Magnum Hunter Resources in the Marcellus/Utica–had brought two new wastewater injection wells online at their Mills Hunter facility in Meigs County, OH (see 
Countless times MDN has told you that in rare cases, injecting fracking wastewater into a deep, underground Class II injection well (for disposal) can cause earthquakes–if the injection well is located over a fault. When you inject fluids under high pressure into rock formations with a fault it can act like a lubricant, allowing the rocks to slip and slide–causing a low-level earthquake. It’s happened in Ohio. It’s happened (a lot) in Oklahoma. It’s happened in Texas. And in other states too. Thirteen oil and gas states joined together with the Interstate Oil and Gas Compact Commission (IOGCC) and Ground Water Protection Council (GWPC) to form the StatesFirst Initiative, a working group to pool their knowledge and try and figure out how, and under what conditions, injection wells cause earthquakes. Co-heading the initiative is Ohio’s Chief for the Division of Oil & Gas Resources Management (Ohio Dept. of Natural Resources), Rick Simmers. Rick and the working group have just released a 150-page Primer (copy below) to help regulatory agencies evaluate and develop good policies to mitigate and prevent earthquakes from injection wells…
Good news for the citizens of Ohio. The U.S. Environmental Protection Agency (EPA) recently released a report on Ohio’s Class II Underground Injection Control (UIC) program–that is, wastewater injection wells–and found that the Ohio Department of Natural Resources’ (ODNR) regulatory program is of “good quality” and continues to provide strong protections for Ohio’s underground sources of drinking water (USDW). The federal EPA just gave Ohio a big, fat, sloppy kiss right on the mouth along with a big two thumbs up that the state is doing it right when it comes to wastewater injection wells…
A single professor from Duke University who lives by the motto “publish or perish” is out with yet another “study” published in a so-called peer reviewed journal. From time to time Avner Vengosh, professor of geochemistry and water quality at Duke University’s Nicholas School of the Environment, pops up to smear the Marcellus Shale. He was in league with the Izaak Walton League to attempt to tie Marcellus drilling to water contamination in Ten Mile Creek (see 
Grant Township in Indiana County, PA has a problem: They’ve hired a potty mouth lawyer to represent them who has a HUGE conflict of interest. Grant’s town attorney is also the lawyer for (and executive director of) the litigious and extreme left-wing group Community Environmental Legal Defense Fund (CELDF), a group committed to ending the use of fossil fuels. We’ve written plenty about the antics of the CELDF, including their lawsuit on behalf of an ecosystem (see