A proposed settlement has been reached in a lawsuit called McEvoy v. Diversified Energy and EQT that alleges Diversified and EQT engaged in improper transfers of certain oil and gas wells and that Diversified wrongfully used land by failing to plug certain non-producing wells, among other things.
Diversified and EQT deny any wrongdoing but have decided that it is in their best interests to settle the case in order to avoid the risk and expenses of further litigation.
Who is included in the Settlement?
Members of the class are persons and entities that owned-from July 8, 2022 to November 4, 2024-a surface interest in land in West Virginia, Ohio, Kentucky, Pennsylvania, Virginia, or Tennessee, with a Diversified Energy oil and gas well on that land.
What are the Settlement Benefits? Apply To Have A Well Plugged
The settlement requires Diversified to plug 2,600 wells in the affected states by December 31, 2034.
If you have any health, safety, or environmental concerns, you can apply for well-plugging at no cost through a Court appointed administrator. More details are on www.DECSettlement.com.
What are your Rights & Options?
-- Do Nothing: Be a member of the class, with the opportunity to have non-producing wells plugged over the next 10 years. Give up certain legal rights resolved by the settlement, including the right to sue Diversified until January 1, 2034, for failing to plug your well. Diversified and EQT contest that citizens have a right to bring any such lawsuit.
-- Opt-Out: You get out of the settlement and keep the right to sue for claims in this case. You will not be a member of the class, and you will not release claims (to the extent they existed) against Diversified and EQT. The deadline to opt out is February 18, 2025.
-- Object: To object, you must remain in the class and explain to the Court any specific disagreements you have with the proposed settlement. The deadline to object is March 17, 2025.
The Court will hold a Fairness hearing at the US District Court for the Northern District of West Virginia, 1125 Chapline Street, Wheeling, WV 26003 on April 11, 2025, to consider approval of the settlement, a payment up to a total of $6,500,000 or Class Counsel for attorneys' fees, plus Class Counsel's expenses, and an award of $3,000 for each Class Representative.
In a Class Action Lawsuit, the Court appoints Class representatives and lawyers to work on the case and represent the interests of all Class Members.
All motions filed by Class Counsel will be available on the website before the hearing.
You may appear at the hearing, at your own expense, but you do not need to. You may also hire your own lawyer, at your own expense.
This is only a summary. More details about the Proposed Settlement and instructions on how to object or exclude yourself are available at www.DECSettlement.com or by calling (833) 627-3696.
Click Here for the announcement.
Resource Link:
-- Mountain State Spotlight: WV Landowners Lawsuit Settlement With Diversified Energy Company, EQT Corporation Will Result In Plugging 2,600 Wells In WV, Ohio, Kentucky, Virginia, Tennessee, Pennsylvania Over 10 Years
PA Oil & Gas Industry Public Notice Dashboards:
-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - December 21 [PaEN]
-- DEP Posted 63 Pages Of Permit-Related Notices In December 21 PA Bulletin [PaEN]
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-- EarthWorks Blog: Common Sense Needed In The Commonwealth - How To Protect Pennsylvanians From The Environmental, Health Impacts Of The Oil & Gas Industry - By Melissa Ostroff & Charlie Palladino, EarthWorks [PaEN]
-- PUBLIC NOTICE: Proposed Oil & Gas Well Plugging Settlement With Diversified Energy, EQT May Affect Pennsylvania Surface Landowner Rights; Apply To Have A Well Plugged [PaEN]
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[Posted: December 20, 2024] PA Environment Digest
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