In a lawsuit filed in U.S. District Court Western District of Pennsylvania, CNX accuses Capital & Main of publishing false and defamatory statements in a September 24, 2024 story with the headline “Pennsylvania Gas Driller: Our Operations Pose No Health Risk. You Can’t Be Serious, Activists Say.”
The lawsuit seeks an award of damages, attorneys’ fees and costs and other, unspecified relief from the court.
[Click Here for a copy of the lawsuit.]
Publisher Danny Feingold vowed to fight the lawsuit.
“We stand by our reporting,” Feingold said. “Capital & Main is widely recognized as a leading source of coverage on the health and environmental impacts of fossil fuel production, both in Pennsylvania and multiple other states. We have earned this recognition through scrupulous, fact-based reporting, and the story cited in the lawsuit adheres to these rigorous standards.”
The lawsuit alleges that “Capital & Main served as a mouthpiece for one-sided and unbalanced attacks by renewable energy activists.”
The story focused on the gas company’s efforts to recast its environmental image with an industry-written “Radical Transparency” study the company has said demonstrates that its fracking operations pose “no public health risk.”
The story cited the report and quoted the CNX CEO’s public statement saying the initial results “indicate that natural gas development done the CNX way is safe and inherently good for the communities where we operate.”
The story also presented differing perspectives, including quotes from leaders of environmental groups who criticized the report as unsound.
Capital & Main requested comment from CNX prior to publication of the story, but the company did not respond at that time.
Feingold said the lawsuit would not deter Capital & Main from its mission of producing accountability reporting on climate change.
Click Here to read the entire article.
[Editor’s Note: The following context is provided by the PA Environment Digest.]
[Trying To Silence Critics Isn’t New For CNX
[On May 22, 2025, the PA Environmental Hearing Board issued a ruling in an appeal of a DEP water supply contamination determination involving the CNX Gas Company that agreed with a Center for Coalfield Justice assertion there was “acute” danger in CNX misusing a deposition in the case to “punish” an environmental advocate for her advocacy against CNX. Read more here.
[The advocate referred to was Jodi Borello whose family lives about 1,500 feet away from the CNX Oak Springs pipeline pigging facility in South Franklin Township, Washington County that Borello said released natural gas and liquid chemicals three times a day, seven days a week for nearly 10 years. Read more here.
[The releases did not stop until the state Office of Attorney General filed criminal charges against CNX and CNX pleaded “no contest” to charges in December 2021, according to Borello. Read more here.
[ CNX Facility Used As Example Of Health Impacts
[ On February 13, 2025, the state Department of Health and Penn State Medical offered training to medical professionals on how to determine when exposures to shale gas facilities caused health impacts on their patients.
[The case study they used was the health reactions caused by the releases from the CNX Oak Springs pipeline pigging facility in South Franklin Township, Washington County. Read more here.
[Difficult Compliance Record
[In addition to being convicted of criminal charges, the environmental compliance record of CNX Resources and its related companies in Pennsylvania is-- difficult. Here are a few examples--
-- DEP Assesses $200,000 In Penalties For Drilling Wastewater Spills By CNX In Greene County
-- DEP Assesses CNX Gas Drilling $433,500 For Violations In Greene County [PaEN]
-- CNX Gas Pays $450K In Penalties For Washington County Water Withdrawal Violations [PaEN]
(Photos: Photos used in February state Department of Health/Penn State Medical program to help medical professionals identify shale gas facility health impacts -- CNX Oak Springs pipeline pigging station, Washington County.)
Reference Articles NewsClips - CNX
Resource Links - Health Impacts Of Shale Gas Development:
-- Rep. Vitali Introduces Legislation To Increase Setbacks From Unconventional Shale Gas Wells From 500 Feet To 2,500 Feet From Homes, 5,000 Feet From Schools, Hospitals [PaEN]
-- Part I - 500 Feet Isn’t Enough: Michelle Stonemark Tells What It’s Really Like Living Next To A Shale Gas Well Pad - Nosebleeds, Headaches, Nausea, Air Pollution, Vibrating House, Sleepless Nights, Anxiety - In Cecil Twp., Washington County [9.26.25]
-- Part II - 500 Feet Isn’t Enough: 42 Scientific Studies, 20+ Years Of Experience With Shale Gas Drilling In PA; A State Grand Jury Report; Criminal Convictions; Public Complaints; Lawsuits; Media Reports All Document The Need To Increase Setbacks From Shale Gas Wells [9.26.25]
-- Cecil Township Supervisors In Washington County Adopt 2,500 Setback From Shale Gas Well Pads From Homes, Businesses, 5,000 Foot Setback From Hospitals, Schools [November 2024]
-- Range Resources And MarkWest Liberty Midstream File Legal Challenges To The 2,500 Foot Shale Gas Facility Setback Ordinance Adopted By Cecil Township, Washington County [January 2025]
-- The Energy Age Blog: Range Resources & MarkWest Liberty Midstream File Legal Challenges Against 2,500 Foot Shale Gas Setback Ordinance In Cecil Twp., Washington County [January 2025]
-- Environmental Quality Board Adjourns Without Discussing Or Acting On Any Of 3 Pending Oil & Gas Rulemaking Petitions [PaEN]
-- Environmental Health Project Releases New White Paper: PA's Shale Gas - What We Can Do Now To Better Protect Public Health [PaEN]
-- Environmental Health Project: Lois Bower-Bjornson Shares Her First-Hand Experiences With Shale Gas Health, Environmental Impacts In Washington County [PaEN]
-- State Dept. Of Health Apologizes For Not Listening To Communities Suffering Health Impacts From Shale Gas Development; New Health Study Results ‘Just The Tip Of The Iceberg’ [August 2023]
-- University Of Pittsburgh School Of Public Health Studies Find Shale Gas Wells Can Make Asthma Worse; Children Have An Increased Chance Of Developing Lymphoma Cancer; Slightly Lower Birth Weights [August 2023]
-- State Dept. Of Health Invites Citizens To File Environmental Health Complaints Related To Natural Gas Development; Health Will Also Review Environmental Test Results [September 2023]
-- State Dept. Of Health Pushing For Changes To Reduce Adverse Health Impacts From Natural Gas Development [November 2023]
-- New State Health Plan Identifies Health Issues Related To Natural Resource Extraction, Climate Change In Top 5 Threats To Health Outcomes [April 2023]
-- 2025 PA Shale Gas & Public Health Conference Attended By Nearly 480 People Featured Health Experts, Scientists, Advocacy Groups On Health, Environmental Impacts Of Shale Gas Development [February 2025]
-- Presentations Now Available From 2022 Shale Gas & Public Health Conference In Nov. Hosted By PA League Of Women Voters & University Of Pittsburgh Graduate School Of Public Health [December 2022]
-- Fact Sheet: How Oil and Gas Operations Impact Your Baby’s Health
-- Frackland Video Tour, with Lois Bower-Bjornson, Clean Air Council
-- Senate Hearing: Body Of Evidence Is 'Large, Growing,’ ‘Consistent’ And 'Compelling' That Shale Gas Development Is Having A Negative Impact On Public Health; PA Must Act [June 2022]
-- House Committee Hearing On Increasing Safety Setbacks Zones Around Natural Gas Facilities Heard About First-Hand Citizen Experiences On Health Impacts, From Physicians On Health Studies And The Gas Industry On Job Impacts [October 2023]
-- Sen. Yaw, Republican Chair Of Senate Environmental Committee, Calls Bill To Reduce Shale Gas Industry Impacts On Health, Environment ‘Stupid’ [October 2023]
-- Senators Santarsiero, Comitta Introduce SB 581 Increasing Setback Safety Zones From Natural Gas Drilling Sites, Other Infrastructure, Based On Latest Science [January 2024]
Resource Links - Local Impacts Of Oil & Gas Development:
-- Freeport Township Declares Disaster Emergency After Residents Impacted By A Gas Related Water Contamination Event Have Been Without Permanent Water Supplies For 3 Years-- We’re Not Blaming Anybody, We Just Want Good, Clean Drinking Water [August 2025]
-- Springhill Township Becomes 2nd Township To Declare Disaster Emergency After Residents Were Impacted By A Gas Related Water Contamination Event In Greene County [August 2025]
-- Observer-Reporter: Study Shows Probable Link Between Freeport Twp. Water Well Contamination And Fracking In Greene County [PDF of Article]
-- Independent Research Study By Pitt, Duquesne Ties Water Well Contamination To Shale Gas Drilling In 2 Greene County Townships That Declared Water Disaster Emergencies [9.17.25]
-- PA American Water Identifies Water Source For New Public Water System To Replace Water Wells Contaminated By Shale Gas Fracking 20 Years Ago In Dimock Twp., Susquehanna County [3.13.25]
-- Coterra Energy Fined $299,000 For Contaminating 13 Private Water Supplies In Lenox Twp., Susquehanna County - Just A Few Miles From Dimock [7.29.25]
-- Late Night Road Dumping: Conventional Oil & Gas Wastewater Continues To Be Dumped On Dirt, Gravel, Paved Roads; DEP Expected To Provide Update At April 24 Meeting [4.9.25]
-- PA Environment Digest: Click Here to learn more about oil and gas industry impacts.
Resource Links - Oil & Gas Compliance:
-- Criminal Convictions; Record Penalties, Restitution Of Over $158.3 Million Highlight Big Shale Gas, Related Petrochemical Industry Compliance History In Pennsylvania [March 2025]
-- DEP Reports 575 Water Supply/Stray Gas Complaints About Oil & Gas Operations In Last 2 Years; Investigation Can Take A Year, Sometimes 2-3 To Find Those Responsible [March 2025]
-- Freeport Township Declares Disaster Emergency After Residents Impacted By A Gas Related Water Contamination Event Have Been Without Permanent Water Supplies For 3 Years-- We’re Not Blaming Anybody, We Just Want Good, Clean Drinking Water [August 2025]
-- Springhill Township Becomes 2nd Township To Declare Disaster Emergency After Residents Were Impacted By A Gas Related Water Contamination Event In Greene County [August 2025]
-- Daily Grind Living Next To Oil & Gas Industry: Spills, Polluted Water Supplies, Smells Like Gas, Noise, Air Pollution, Explosions, Truck Traffic, Erosion, Radioactive Waste, Gas Flares, Dust, Lights, Road Dumping Waste, Abandoned Wells [March 2025]
-- AG Shapiro: Grand Jury Finds Pennsylvania Failed To Protect Citizens During Natural Gas Fracking Boom [June 2022]
-- Senate Hearing: First-Hand Account Of Health, Environmental Impacts From Road Dumping Conventional Oil & Gas Wastewater - ‘Inhaling Oil & Gas Wastewater 24-Hours A Day’ [April 2024]
-- House Hearing: A First-Hand Account Of How Repeated, Unlimited Road Dumping Of Oil & Gas Drilling Wastewater Is Tearing Apart Dirt Roads And Creating Multiple Environmental Hazards [June 2024]
-- House Hearing: Penn State Expert Says ‘Pennsylvania Should Ban Road Spreading Of Oil & Gas Wastewater;’ Contaminants Exceed Health, Environmental Standards [June 2024]
PA Oil & Gas Industry Public Notice Dashboards:
-- PA Oil & Gas Weekly Compliance Dashboard - Oct. 25 to 31 - 100 Criminal Charges Filed; 49-Hour Uncontrolled Shale Gas Well; Failed To Clean Up Conventional Well Spills For 1,364 Days And Counting [PaEN]
-- [Read Carefully!] PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - November 1 [PaEN]
-- DEP Invites Comments On Chapter 105 Permit For 3.9 Mile Shale Gas Well Pad Development Access Road, Staging Area In Loyalsock State Forest, Lycoming County [PaEN]
-- DEP Invites Comments On First Title V Air Quality Permit For the Calpine Mid-Merit II 1,449 MW Natural Gas-Fired Power Plant In York County; To Supply Power To Data Center Project [PaEN]
-- DEP Sets Dec. 1 Hearing On Revised Title V Air Quality Permit For The Monroe Energy LLC Trainer Refinery In Delaware County [PaEN]
-- [Read Carefully! An Unusual Number Of Hearings, Big Permits] DEP Posted 77 Pages Of Permit-Related Notices In November 1 PA Bulletin [PaEN]
Related Articles This Week:
-- Attorney General Sunday: Criminal Charges Filed Against Seneca Resources For 64 Counts Of Illegal Dumping Of Shale Gas Waste In Cameron, Clearfield, Elk, Jefferson, Lycoming, McKean, Potter, Tioga Counties [PaEN]
-- Capital & Main: Pennsylvania Gas Producer [CNX Resources] Sues Capital & Main Over Its Reporting On Health Risks [Trying To Silence Its Reporting] [PaEN]
-- House Environmental Committee To Hold Nov. 5 Hearing On Impacts Of Proposed LNG Natural Gas Export Terminal In Southeast PA [PaEN]
-- 500 Feet Isn't Enough: Environmental Groups Urge Environmental Quality Board To Accept Rulemaking Petition For Study Increasing Setbacks From Shale Gas Wells [PaEN]
-- DEP: Coterra Energy 49-Hour Shale Gas Well Control Incident While Fracking Resulting In Spraying Production Fluids Over Well Pad, Releasing Natural Gas In Susquehanna County [PaEN]
-- DEP Solicits Bids On 2 Contracts To Plug 25 Abandoned Conventional Wells In Erie County At Taxpayer Expense; 1 Conventional Well In Clearfield County Expected To Cost $200,000+ To Plug [PaEN]
-- DEP Air Quality Advisory Committee Meets Nov. 6 To Hear Presentations On VOC Emissions Reporting From Conventional Oil & Gas/Shale Gas Wells And Air Pollution From A.I. Data Centers [PaEN]
-- Inside Climate News: Gov. Shapiro Joins 3 Other Governors In A Proposal To Give Priority To A.I. Data Centers That Bring Their Own Electric Generation To The Grid [PaEN]
-- Gov. Shapiro, Oklahoma Gov. Stitt Lead Bipartisan National Governors Assn. Group Recommending Energy Facility Permitting Reform To Address Nation’s Energy Crisis [PaEN]
-- In Case You Missed It: A.I./Data Center Articles - NewClips From Last Week - November 3 [PaEN]
NewsClips:
-- WHYY - Susan Phillips: PA Attorney General Files Criminal Charges Against Seneca Resources Shale Gas Driller For Illegal Waste Disposal In 8 PA Counties; Company Says It’s ‘An Industry Leader’
-- Bradford Era: Seneca Resources Shale Gas Driller Charged For Wastewater Dumping
-- ExploreJeffersonPA.com: Seneca Resources Faces 114 Criminal Charges For Illegal Waste Disposal Throughout Region
-- Spotlight PA - Stephen Caruso: All Major Players In PA’s Budget Impasse Met In Person This Week, Will A Deal Follow? [RGGI, Permit, Regulatory Changes In Play]
-- PennLive Guest Essay: PA Needs Every Tool, Every MW To Meet Growing Energy Demand - By Andrew Tubbs, Energy Utility Association Of PA
-- LancasterOnline Editorial: PA Residents Shouldn’t Pay The Price For A.I. Data Center-Spiked Electricity Rates [PDF of Article]
-- PennLive Guest Essay: The Energy Utility Association Of PA Proposes To Place Risk Of Increasing Electric Generation On Ratepayers - By Nora Brownell, Former PA PUC Commissioner
-- WHYY: Republican Lawmakers From PA, NJ, VA, MD Weigh Solutions To Rising Electricity Bills Driven By A.I. Data Centers - Faster Permitting, Ending Regional Greenhouse Gas Initiative In PA [That Was Never Implemented]
[Posted: November 1, 2025] PA Environment Digest

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