United States DOJ and XTO Energy enter into stipulated judgment for Clean Water Act violations

On July 18, 2013 the US Department of Justice and XTO Energy entered into a Consent Decree following allegations of Clean Water Act violations by XTO in Lycoming County. The complaint lodged by the DOJ on behalf of the Environmental Protection Agency alleged that XTO had “discharged pollutants” including flowback/produced fluids into streams near a well pad in Hughesville, PA. As part of the stipulated judgment, XTO agreed to:

1. A civil penalty of $100,000;
2. Various compliance requirements for the operation and maintenance of storage tanks used in its operations, and standard operating procedures for those tanks;
3. Various reporting requirements to demonstrate compliance;
4. And stipulated penalties for failure to report or comply with the duties laid out in the Decree.

The agreement between the United States and XTO does not conclude any enforcement measures Pennsylvania might take against XTO for violations of state regulations governing the management and disposal of gas well fluids. Nor does the consent decree affect any litigation that could be brought against XTO from landowners in the area affected by the alleged discharges.

For the full text of the Consent Decree, please visit the AgriculturalLaw Resource and Reference Center’s Marcellus Shale Resource Area.

Written by: Garrett Lent, Research Assistant

Agricultural Law Resource and Reference Center

July 2013

USGS Report Released on Landscape Disturbance Due to Gas Exploration- Fayette and Lycoming Counties

On June 3, 2013, the U.S. Geological Survey released a report on the potential consequences of constructing well pads, new roads, and pipelines for natural gas and coalbed methane exploration on surrounding ecosystems and wildlife. Disturbances such as forest loss were recorded. In Fayette County, the study showed disturbances on the west side of the county. More than 4,362 acres were disturbed due to 1,297 natural gas extractions sites. In Lycoming County, more than 1,040 acres were disturbed mostly in the eastern and western edges of the county. The data collected during the study will be used to assess the effects of these disturbances and land-cover changes.

Written By Sarah Doyle – Research Assistant

The Agricultural Law Resource and Reference Center

June 17, 2013

PVR Marcellus Gas Gathering LLC fined $150,000 by DEP

The Department of Environmental Protection’s investigation of PVR Marcellus Gas Gathering LLC, lead to a fine for the Williamsport company of $150,000 for discharge violations during the Coal Mountain Pipeline’s construction in Lycoming County. The DEP initiated the investigation after bentonite discharges in the Second Fork of Larry’s creek occurred during construction of the pipeline in September, 2011. The investigation uncovered “multiple and continuing” violations of The Pennsylvania Clean Streams Law, the Dam Safety and Encroachments Act, and environmental regulations related to sediment discharges into streams.

For more information on the DEP’s actions, visit the official DEP news release.

Written by: Garrett Lent, Research Assistant

Penn State Law, Agricultural Law Center

June 2013