PITTSBURGH – A Western Pennsylvania man’s lawsuit alleging that he suffered a number of health complications and diminished value of his property, after the defendants conducted fracking operations in the vicinity of his residence, has been sent to the Allegheny County Court of Common Pleas’s Commerce and Complex Litigation Center.
Robert Teorsky of New Kensington first filed suit in the Allegheny County Court of Common Pleas on April 13 versus Penneco Environmental Solutions, LLC, Dakota Oil & Gas Company and Sedat, Inc. of Delmont, EQT Production Company of Canonsburg and Petroleum Service Partners, Inc. of Indiana, Pa.
“At all times mentioned herein, defendants were involved in hydraulic fracturing and/or the disposal of the wastewater caused by hydraulic fracturing. Hydraulic fracturing requires the discharge of enormous volumes of hydraulic fracturing fluids otherwise known as ‘fracking fluid’ or ‘drilling mud’ into the ground under extreme pressure in order to dislodge and discharge the gas contained under the ground; the wastewater produced from the drilling activity is then injected back into the earth,” the suit said.
“The composition of ‘fracking fluid’ and/or drilling mud includes hazardous chemicals that are carcinogenic and toxic. Diesel fuel and lubricating materials, also consisting of hazardous chemicals, are utilized during drilling and well operations. In addition, gas, oil and brine present in formations within the Earth, themselves contaminants, are dislodged and migrate during drilling and well operations. At all times mentioned herein, defendants engaged in oil and gas wastewater injection activities in Allegheny County, Pennsylvania.”
The suit added that the defendants’ operations were in such close proximity to the plaintiff’s property, 1,500 feet from his property line to be exact, that the Pennsylvania Department of Environmental Protection was compelled on Dec. 8, 2021 to notify each company of the elevated levels of methane gas found in the plaintiff’s water well headspace, and required each to perform an investigation of same.
“At all times mentioned herein, plaintiff relies on ground water well for drinking, bathing, cooking, washing and other daily residential uses. At all times mentioned herein, and upon information and belief, defendants Penneco Environmental Solutions and Sedat, Inc. were otherwise negligent and/or grossly negligent in the construction and operation of the Sedat 3A Injection Well such that pollutants and industrial and/or residual waste, including elevated levels of Total Coliform, Iron, Manganese, Sodium, E. Coli, Methane, and Hexachlorocyclopentadiene, were caused to be discharged into the ground or into the waters near the plaintiff’s home and water well,” the suit stated.
“Upon information and belief, at all times mentioned herein the release and discharges of contaminants was the result of improper or insufficient conversion of the Sedat 3A Well located near plaintiff’s home, and the discharges and spills of industrial and/or residual waste, diesel fuel and other pollutants and hazardous substances were the result of defendant’s negligence, including the negligent planning, training and supervision of staff, employees and/or agents.”
According to the suit, “pollutants and industrial and/or residual waste, including elevated levels of Total Coliform, Iron, Manganese, Sodium, E. Coli, Methane, and Hexachlorocyclopentadiene, were caused to be discharged into the ground or into the waters near plaintiff’s home and water well.”
The suit added that the defendants violated the Pennsylvania Solid Waste Management Act, the Pennsylvania Oil and Gas Act, the Pennsylvania Hazardous Sites Cleanup Act, the Federal Solid Waste Disposal Act, the Federal Comprehensive Environmental Response, Compensation and Liability Act and the Federal Water Pollution Control Act.
“Plaintiff’s water supply is contaminated with elevated levels of Total Coliform, Iron, Manganese, Sodium, E. Coli, Methane and Hexachlorocyclopentadiene. Plaintiff has been and continues to be exposed to combustible gases, hazardous chemicals, threats of explosions and fire. Plaintiff’s property has been harmed and diminished in value,” the suit said.
“Plaintiff has lost the use and enjoyment of his property and the quality of life he otherwise would have enjoyed. Plaintiff has been caused to become physically ill manifesting in burning skin, shortness of breath, burning eyes, headaches, nausea, sore throat, decreased appetite, loss of smell and loss of taste. Plaintiff has been forced to stay away from his property in order to avoid the toxic fumes.”
UPDATE
On June 22, defendant EQT Production Company motioned to send the case to the Allegheny County Court of Common Pleas’s Commerce and Complex Litigation Center.
“This case is appropriately assigned to the Commerce and Complex Litigation Center because this action falls within the categories of cases which are presumptively within the scope of the Center because it is an ‘environmental private action.’ This action requires immediate oversight and management of an assigned judge in the Center due to its technical complexity, namely the allegations of water well contamination caused by improper oil and gas exploration, production activities, and wastewater disposal activities, and due to the time sensitive urgency of the issues, which include a request for preliminary injunctive relief and ‘banning’ defendants from engaging in their alleged hydraulic fracturing and wastewater disposal activities,” the motion stated, in part.
“If not designated complex, this action will, in all likelihood, require the involvement of more than one judge and the expenditure of a substantial amount of judicial resources. The case involves numerous, currently six, parties with different interests. It is anticipated that the case will involve a substantial number of complex motions, including anticipated preliminary objections that will raise numerous complex legal issues.”
The motion added that the case cites “highly technical subject matter, including numerous state and federal statutes/regulations, such as HSCA, the State Solid Waste Management Act, the State Oil and Gas Act, the Federal Solid Waste Disposal Act, the Federal Comprehensive Environmental Response, Compensation and Liability Act, and the Federal Water Pollution Control Act.”
Five days later, on June 27, Allegheny County Court of Common Pleas Judge Christine A. Ward approved the motion.
“Upon consideration of defendant EQT Production Company’s motion to assign case to the Commerce and Complex Litigation Center, it is hereby ordered, adjudged and decreed that said motion is granted. It is further ordered that this action is assigned to the Honorable Philip Ignelzi for further disposition,” Ward stated.
For counts of violating the Hazardous Sites Cleanup Act, negligence, gross negligence, private nuisance, strict liability, trespass and medical monitoring trust funds, the plaintiff is seeking the following reliefs:
• The reasonable and necessary costs of remediation of the hazardous substances and contaminants;
• A preliminary and permanent injunction banning defendant from engaging in the acts complained of and requiring defendant to abate the aforesaid nuisances, wrongful acts, violations and damages created by them within the injection well areas;
• The cost of future health monitoring;
• Compensatory damages for physical injuries including exposure to noxious chemicals, burning, irritation, loss of taste and smell;
• Compensatory damages for increased risk of future harm;
• Compensatory damages for the loss of property value, damage to the natural resources of the environment in and around the plaintiffs’ properties, medical costs, loss of use and enjoyment of their property, loss of quality of life, emotional distress, personal injury and such other reasonable damages incidental to the claims;
• Punitive damages for defendants’ for fraudulent misrepresentation and gross negligence;
• Plaintiffs’ litigation costs and fees pursuant to 35 P.S. Sections 1104 and 1115; and
• Any further relief that the Court may find appropriate, plus a trial by jury.
The plaintiff is represented by Joshua P. Ward of J.P. Ward & Associates, in Pittsburgh.
The defendants are represented by Alan T. Silko and Adam J. Silko of Silko & Associates in Bridgeville, Jean M. Mosites and Joseph V. Schaeffer of Babst Calland Clements & Zomnir, plus Chad I. Michaelson and Joseph A. Carroll of Meyer Unkovic & Scott, all in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-004214
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com