State board denies appeal
The Pennsylvania Environmental Hearing Board dismissed an appeal filed by an Amwell Township man who claims Range Resources contaminated his drinking water, according to an adjudication filed by EHB Chief and Chairman Thomas W. Renwand.
Renwand determined Loren Kiskadden “failed to meet his burden of proving by a preponderance of the evidence that his water well was impacted by gas drilling operations conducted by Range Resources,” according to court documents filed Friday evening. “Although (he) presented extensive evidence of leaks and spills that occurred at Range’s site, some of which were not reported to the Department of Environmental Protection in a timely manner, he did not demonstrate by a preponderance of the evidence that a hydrogeological connection exists between his water well and the Range site.”
Kiskadden, along with his wife Grace, live along Banetown Road, having moved there in 2008. In June 2011, while filling a child-sized pool, Kiskadden claims his water began foaming, contained gray sludge and had a rotten-egg odor. Their well sits a half mile away from the Yeager impoundment. They filed a lawsuit in 2012 and have since been embattled with Range. In September, the board held a 20-day trial on the issue, which included a tour of the property.
While Renwand agrees a “number of problems existed at the Yeager site,” he said Kiskadden did not prove the various leaks and spills that occurred at the Yeager site lead to the contamination of his water. The DEP included those problems when it issued Range a record-setting $4.15 million fine for various leaks and other problems at six of the company’s water impoundments in Washington County.
“We appreciate the thorough analysis by the Environmental Hearing Board, which upheld the Department of Environmental Protection’s determination that Range’s activities did not cause, contribute or impact Mr. Kiskadden’s water supply. This ruling is the latest in a long series of events including the EPA’s recent report of a multiyear study that we believe should provide the public with confidence drilling can and is being done safely and that regulatory agencies are diligently overseeing the process,” Range Resource spokesman Matt Pitzarella said.
Range is still embattled in another lawsuit with the Kiskaddens and neighbors Stacey, Harley and Paige Haney and Beth, John and Ashley Voyles, charging Range with negligence, partly over allegations it allowed a hole to develop in the liner of the impoundment, contaminating the soil and groundwater.
The Haney case was also mentioned in Friday’s filings, noting their and the Voyles’ water supplies were not affected and were found in better shape than Kiskaddens’ water.
Attorney John Smith, who represents the Kiskaddens, Haneys and Voyles, said Friday’s findings will “have no bearing on the Haney case as we go to trial.” Smith said he was disappointed in the EHB determination.
“While we are more than pleased with the time commitment provided by the EHB, we are disappointed with the outcome,” Smith said. “We recognized that as a case of first impression with the court, this was an uphill battle. But it was worth fighting in light of our client’s need for clean water. The decision is unfortunate, and we are evaluating our options in light of the court’s failure to address in its opinion various arguments presented.”