Environmental Hearing Board Will Hear Key Arguments On Appeal By A Washington County Family Alleging Shale Gas Drilling Contaminated Their Water Supply With PFAS And Other Chemicals

On October 6, the Environmental Hearing Board issued a decision saying it will hear key arguments on whether DEP should have considered soil contamination and air pollution resulting from drilling and operation of a shale gas well pad 500 feet away from a Washington County family's home that played a role in contaminating their water supply.

In May, Bryan Latkanich appealed a water supply determination issued by DEP saying the shale gas well pad did not result in the contamination of his family’s water supply with PFAS 'forever chemicals," radioactive radium and other contaminants.

DEP, however, acknowledged in the determination the “widespread presence of PFAS” forever chemicals in fresh water may have led to the drilling company “inadvertently” using contaminated water to frack shale gas wells on the pad.  Read more here.

DEP also did not test anywhere on the Latkanich property for radioactive radium, in spite of multiple requests by the family.  DEP said it did not think the testing was necessary to establish a link between the contamination and oil and gas operations.

Elevated levels of Radium-226 and Radium-228 are known indicators of oil and gas waste contamination.

The Latkanich's said DEP failed "to obtain information regarding all environmental effects in this matter" as it is required to do as a trustee under the state's Environmental Rights Amendment to the state constitution.

Latkanich also claimed DEP did not fulfill its mission to protect the environment and public health by fully investigating their water issues.

The contamination in their water supply, Latkanich said, deprived them of the use of their property and jeopardized his family's health and safety.

As a result of this incomplete investigation, Latkanich alleged DEP's inaction led to the wrong conclusion about how their water supply was affected.

DEP made a motion to dismiss several of the key allegations from the appeal because it said the Environmental Hearing Board does not have jurisdiction over instances of Department inaction.

The Board, however, ruled, "...to the extent that Mr. Latkanich is arguing that soil contamination or air pollution resulting from the drilling, alteration or operation of oil or gas wells played a role in contaminating his Water Supply and should have been considered by the Department in its Section 3218 [oil and gas] investigation, he may pursue those claims in his appeal of the Determination Letter."

The Board said it is within its jurisdiction to look at whether "the Department failed to fulfill its duties as trustee under Article I, Section 27 [Environmental Rights Amendment] in connection with the Section 3218 Water Supply investigation and Determination Letter."

The Board also said it will consider a "takings" claim by the Latkanich family in hearing the appeal.

The Board did agree with DEP on the issue of whether it has jurisdiction over instances of Department inaction-- it doesn’t.

The Board took no position on the merits of each of the issues.

Click Here for a copy of the opinion.  

Documents related to this case can be found at EHB Docket #2023043

(Photo: The Latkanich property and Chevron/EQT well pad.  Impoundments have since been removed.)

Related Articles - Latkanich Appeal:

-- DEP: Widespread Presence Of PFAS ‘Forever Chemicals’ In Fresh Water May Have Led To ‘Inadvertently Using Contaminated Water For Fracking Shale Gas Wells In Washington County  [PaEN] 

-- DEP To Increase Monitoring, Develop Surface Water Standard For PFAS 'Forever Chemicals' After Study Shows 76% Of Streams, Rivers Contained At Least One Of These Chemicals  [PaEN] 

PA Oil & Gas Industry Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard - Sept. 30 to Oct. 6 -- Company Tries To Limit DEP Investigation; Unauthorized Water Withdrawals; Can’t Pay For Reno Cleanup; Venting Gas Wells; More Abandoned Conventional Wells  [PaEN] 

        -- Repsol Gas USA Issued Violation For Denying DEP Right To Document Damaged Shale Gas Well Casing During Investigation Of Uncontrolled Gas Venting In Bradford County  [PaEN]

        -- DEP Issues Violation To CNX Gas Company For Unauthorized Water Withdrawals For 17 Days From Beaver Run Reservoir In Westmoreland County  [PaEN]

        -- Petro Erie Inc. Again Claims It Lacks The Financial Ability To Comply With DEP’s 2nd Order To Cleanup Conventional Oil Well Wastewater Spill That Contaminated The Village Of Reno’s Water Supply In Venango County  [PaEN]

        -- Environmental Hearing Board Will Hear Key Arguments On Appeal By A Washington County Family Alleging Shale Gas Drilling Contaminated Their Water Supply With PFAS And Other Chemicals  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment - October 7   [PaEN]

        -- DEP Invites Comments On PA General Energy Constructing 3 Shale Natural Gas, Water Pipelines Thru Exceptional Value, High Quality, Wild Trout Streams In Lycoming County  [PaEN] 

        -- DEP Now Accepting Comments On 2 Proposed Olympus Energy Water Withdrawal Structures At Beaver Run Reservoir To Support Shale Gas Development In Westmoreland County  [PaEN]

-- DEP Posted 69 Pages Of Permit-Related Notices In October 7 PA Bulletin  [PaEN]  

NewsClips This Week - Shale Gas:

-- WPXI: Activists, Washington County Residents Concerned After Study Explores Link Between Natural Gas Development, Cancer

-- FarmAndDairy.com: Orphan Conventional Oil & Gas Wells Hard To Plug, Despite Influx Of Federal Dollars In PA, OH

-- JD Supra: Repurposing Oil & Gas Wells For Ground-Sourced Heat Energy In PA Raises Multiple Legal Issues

-- AP: PA Chocolate Factory Fined For Failing To Evacuate Before Fatal Natural Gas Explosion

-- TribLive: Car Rally Held To Raise Money For Rustic Ridge Families Impacted By Home Explosion, Fires In Allegheny County

-- TribLive: At 16%, Westmoreland County Tops Local Population Loss Estimates  

-- Post-Gazette: Study: Westmoreland County Will Lead Population Decline In Western PA, While Others Will Boom

-- PA Capital-Star: Population Projections Highlight Need For Long-Term Solutions To Sustain Rural PA Communities; Population Expected To Shrink By 5.8% 

-- Forbes: How One Contrarian Company [Mostly Conventional Oil & Gas Well Owner Diversified Energy] Thrives In A Shale And Gas World  [Check The Company’s Compliance Record In PA ]

-- WOSU: The State Of Natural Gas Development/Fracking In Ohio 

-- Observer-Reporter: DEP Secretary To Be Featured Speaker At Washington & Jefferson Hydrogen Seminar

-- TribLive: Columbia Gas Tests Hydrogen Blends In Natural Gas Appliances

-- Reuters: Equitrans Reaches Agreement With US Regulator For Mountain Valley Pipeline For Inspections, Integrity Testing, Among Other Measures

Related Articles This Week:

-- House Unanimously Passes Bill Against Lawsuits Aimed At Silencing Citizen Critics And Dampening Public Participation  [PaEN]

-- Dickinson College Environmental & Indigenous Rights Honoree Tara Houska: Don’t Disconnect Yourself From The Reality Of Nature; Endless Expansion Of Pipelines Have No Place In Reality; Find Powerful Moments Of Joy  [PaEN]

-- DEP Updates Location Of Scranton Public Hearing On Interim Final Environmental Justice Permit Review Policy  [PaEN]

-- Member Of Pine Creek Headwaters Protection Group Briefs DCNR Advisory Council On Siting Of Shale Gas Well Pad On State Forest Land To Accommodate Taking Gas From Private Land In Tioga County  [PaEN]

-- Agencies Celebrate Eastern Hellbender License Plate Recognizing PA’s Clean Water Ambassador; Shale Gas Development On DCNR Land Threatens Habitat  [PaEN]

-- DCNR Announces Appointment Of Seth Cassell As Pennsylvania's 18th State Forester  [PaEN]

-- The Allegheny Front: Three Rivers Waterkeeper Citizen Monitoring Finds Plastics Maker Styrenics LLC Discharging Plastic Nurdles Into Ohio River, Threatens Lawsuit To Stop Them  - By Reid Frazier  [PaEN]

-- PUC: Focus Of Natural Gas Explosion In Port Richmond Section Of Philadelphia Now Inside The Buildings  [PaEN]

-- Center For Rural Pennsylvania: Rural Population To Shrink 5.8%; Fewer Young People, More Older People; Current Policies Failed To Sustain Communities, Ensure Long-Term Rural Resiliency  [PaEN]

-- PA Interfaith Power & Light 10th Annual Conference- No Faith In Fossil Fuels - Nov. 5: Virtual Keynote & Panel Discussion, 5 Regional Workshop Locations  [PaEN]

-- Washington & Jefferson College Hosts Oct. 17 In-Person Harnessing Hydrogen: Exploring Local & Regional Opportunities In Appalachia Program  [PaEN]

[Posted: October 7, 2023]  PA Environment Digest