We Need To Cover Trial Costs

Expert witnesses and knowledgeable attorneys are invaluable when presenting allegations of water contamination and damages before a court of law. Scott Ely, who has spoken out as a gas industry whistle-blower, his family, and their neighbors, the Huberts, are proceeding with a landmark federal lawsuit over drilling-related water contamination in Pennsylvania. In 2014, the judge ruled that the plaintiffs' case can proceed to trial, permitting jury selection.

The lawsuit entitled Norma Fiorentino et al vs Cabot Oil & Gas Corporation and Gas Search Drilling Services Corp. was brought in the United States District Court for the Middle District of Pennsylvania (Civil No. 3:09-CV-2284) on November 19, 2009.  The case eventually included 22 families from Dimock and Springville Townships in Susquehanna County, Pennsylvania, who sought fair compensation for damages to their property and their lives caused by Cabot’s failed natural gas drilling operations.

Beginning in the fall of 2008, Dimock families with children noticed problems with their drinking water, and began to experience rashes, nausea, headaches and dizziness. A trigger point to the litigation was the explosion of an elderly resident’s private water well on New Year’s Eve, December 31, 2008 due to methane gas accumulation in the well head.

Holding up a sample of Scott's water, hydrologist Paul Rubin said, "Here, you can see it as it now comes out of the well – the color of chocolate milk, five times the maximum allowable PA MCL Safe Drinking Water standard (75 vs. 15 color units) for color. Even after weeks, it still does not settle out" 

Following the public announcement by the federal Environmental Protection Agency (EPA) in the summer of 2012 that the water was safe to drink, the vast majority of the families settled their lawsuits against Cabot. Two families, totaling four adults and five children, whose water wells were ordered permanently plugged by the Pennsylvania Department of Environmental Protection in connection with Cabot’s drilling operations, did not agree to settle. A third non-settling case is that of the Estate of Kenneth Ely whose claim was dismissed by the Court and is being appealed.

The accuracy of EPA’s statement in 2012 that Dimock’s water was safe to drink was later called into question as a result of disclosure of contradictory statements contained in internal EPA documents.

The remaining plaintiffs in the case, which has now been re-captioned as Nolen Scott Ely, et al. v Cabot Oil & Gas Corporation et al., are Nolen Scott Ely and his family and Ray Hubert and his family. Ray Hubert and his family live up the hill from the Elys. The Ely family has lived in Dimock since the 1800’s.

Except for a two year period when Cabot supplied these plaintiffs with water, since 2008, the Elys and Huberts have been living without reliable access to water and under rationing conditions.  To survive day to day, these families haul water at their own expense every week for drinking, bathing and other daily basics. They purchase bottled water for drinking and cooking. The Court has recognized that these plaintiffs have a case against Cabot which they are preparing to present to a jury of their peers. The trial date is expected to be set in April, according to court documents.

In order to effectively try the case, the Elys and Huberts must retain witnesses including a hydrologist, an engineer, and property expert. Our administration fees include our accountant’s time and will be five percent of funds raised. Legal fees for attorneys will be paid with the remainder of funds.

We estimate that costs associated with the trial will be between $50,000 and $100,000. As part of our Energy Jutice Shale Initiative, we are committing to raising a substantial portion of these funds.

Water Contamination in Dimock

In 2008, well water in homes along Carter Rd went bad after Cabot Oil & Gas developed the first drilling operations in northeast Pennsylvania. Pennsylvania Department of Environmental Protection determined that well casing failures in the Baker, Gesford, Ratzel, and Ely wells had caused 17 water wells to become contaminated. Subsequently, Cabot entered into several consent orders regarding that contamination.

In 2011, HydroQuest's Paul Rubin, an expert hydrologist, determined in his initial findings that Scott Ely's water contained lead and manganese at 5.8 and 10 times State Maximum Contaminate Levels and arsenic at 15 times the State MCL level. He found aluminum concentration of 28 mg/l, some 140 times the State MCL.

Aluminum is a potent neurotoxin that may be linked to dementia, including Alzheimer’s like health symptoms. Similarly, iron was detected at 34 mg/l, some 113 times the State MCL Safe Drinking Water standard. 

At the time, Mr. Rubin stated, "While all analyses have not been completed, preliminary findings also indicate the presence of low level hexanes, octanes, and decanes."

He added "However, the high pH of the water indicates the presence of SIGNIFICANT other frack - related chemicals that are both unknown and untested – chemical compounds that do not have MCLs – chemicals that potentially present long-term chronic exposure to toxins and carcinogens."

Rubin found that the pH of the water has repeatedly been found to be around 9.5 – a very basic water, some 10 times the normal outer MCL State drinking water standard range of pH 8.5 and, quite likely, 100 times that of a more normal Dimock groundwater pH. "This is highly unusual and extremely troubling. Something is VERY wrong with this water," he wrote in testimony offered at a press conference.

What We Need & What You Get

We need to raise $50,000 to cover the costs of depositions (recorded testimony) of our experts and the company's witnesses.

• For all donors, we will mention you in a video to thank you for your support.
• You will be the first to know the progress on the Elys and Huberts landmark case.
• You or your group will be welcome in Dimock for a private tour of fracking, related infrastructure, and to meet families with water contamination.

The Impact

If the Dimock case is successful, we will finally have some closure and fair compensation.

At the very least, the trial phase will expose information about Cabot's operations that have deprived Dimock families of there basic rights, such as clean drinking water.

Anyone interested in public health, environmental justice, and corporate accountability, should find our fundraiser a worthy cause.

Other Ways You Can Help