GreenHunter Sues 2 Former VPs + OH Competitor for Conspiracy
8/4/17: There is an important update to this story. The lawsuit brought by GreenHunter was dismissed in June 2017. Please see this post for more details: GreenHunter Lawsuit Against Former Employees Dismissed.
A lawsuit filed by GreenHunter Resources against two former vice presidents of the company is just coming to light. On October 15 GreenHunter filed a lawsuit in U.S. District Court in Ohio against John Jack, former vice president of Appalachia operations for GreenHunter, and against Rick Zickefoose, former vice president and operations manager at GreenHunter. The lawsuit also names Dean Grose, CEO of Comtech Industries and a principle with Water Energy Services–both competitors of GreenHunter. The lawsuit alleges that Jack and Zickefoose shared company secrets with a competitor and then left to work for that competitor, damaging GreenHunter in the process. Some of those secrets–a key part of it–dealt with GreenHunter’s talks with the U.S. Coast Guard over barging brine down the Ohio River…
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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 
The Ben Franklin Shale Gas Innovation & Commercialization Center (SGICC), affiliated with the Pennsylvania Department of Community and Economic with a mission to accelerate technology breakthroughs related to shale gas in PA, has just released an updated report on shale wastewater treatment and disposal in PA. The report, titled “Shale Gas Development – Summary of Shale Gas Wastewater Treatment and Disposal In Pennsylvania 2014” (full copy below) finds that drillers in PA produced about 1.8 billion gallons of gas and oil wastewater in 2014–a figure largely unchanged since 2011. The study also finds the shale industry in PA is recycling 91% of the wastewater it produces. Interestingly, the updated report shows “produced water” (or brine, naturally occurring water from the depths) volumes far exceeded volumes for “frac fluid” (or the fluid originally pumped into the well when drilling and fracking). That’s a reversal from the data evaluated in 2011 when frac fluid represented the bulk of the wastewater stream…
Antero Resources announced yesterday it is stepping up its recycling efforts in the Marcellus/Utica by hiring Veolia Water Technologies Inc. to build a new shale wastewater recycling facility in Doddridge County, West Virginia. The new facility, which will take two years to build and cost Antero $275 million, will process 60,000 barrels of wastewater per day. Is Antero building the new facility to prove what good “green” citizens they are? Nope. They’re building it for the best of reasons: capitalism. Once the new wastewater treatment plant is up and running, Antero will save $150,000 per well on completions costs. Veolia will not only build the facility but also operate it under a 10-year contract…
GreenHunter Resources, the fresh water and wastewater subsidiary of driller Magnum Hunter Resources, has changed strategies and has backed off their tough talk in dealing with the U.S. Coast Guard (USCG) with respect to barging brine down the Ohio River. You may recall MDN was the first to decipher just what was going on between GreenHunter and the USCG with respect to GreenHunter’s intention on barging (see 
The Chief of the Division of Oil and Gas Resources Management for the Ohio Dept. of Natural Resources (currently Rick Simmers) is a man with a lot of power. He has the power, according to a ruling just handed down on August 12, to make his own decisions about suspending permits to operate in the absence of specific violations of a law or regulation. In September 2014 Simmers suspended permits for two wastewater injection wells in Trumbull County, OH after a very low level earthquake was detected close to those wells (an earthquake that couldn’t be felt at the surface and caused no damage of any kind). American Water Management Services sued saying they hadn’t violated any laws or regulations on the books and their permits could not just be arbitrarily revoked like that. But the Ohio Oil and Gas Commission said nope–Tom Cruise, er, a, Mr. Simmers can arbitrarily do what he wants when there is no specific rule or guideline or law–because he has the best interests of the people at heart…