Kathleen Kane, Pennsylvania's
Attorney General, brought criminal charges against XTO Energy, Inc., a
subsidiary of ExxonMobil, for allegedly discharging 50,000 gallons of toxic
waste water from the Marquardt Marcellus Shale well in Lycoming County. Kane alleged in the complaint that as much as
57,000 gallons of waste water at the Marquardt site spilled and polluted a
tributary of Sugar Run. A grand jury recommended
the criminal charges against XTO after hearing testimony and viewing evidence from
a statewide investigation. The charges
against XTO include five counts of unlawful conduct under Pennsylvania's Clean
Streams Law and three counts of unlawful conduct under the Solid Waste
Management Act.
XTO responded by calling the
criminal charges "unprecedented," "unwarranted, and legally
baseless." XTO stated that the incident did not cause any "significant
or lasting environmental harm" and that it plans to challenge the criminal
charges. XTO claims that the state investigation was not warranted because the
company already remediated the site and came to an agreement with the EPA,
where it paid civil penalties. Further, XTO asserted that the Department of
Justice did not find that criminal charges were warranted after conducting its
own investigation that lasted more than a year.
The Attorney General's Press
Release is available at: PA Attorney General Press Release
XTO's press release is available
at: XTO Press Release
Written by: Tom Panighetti
September 11, 2013
