Hearing board decision appealed
An Amwell Township man is appealing the Pennsylvania Environmental Hearing Board’s June 12 decision that determined he failed to prove his water well was impacted by gas drilling operations conducted by Range Resources.
Loren Kiskadden and his attorneys, John and Kendra Smith, claim the EHB disregarded evidence. The appeal was filed Thursday in Commonwealth Court.
Kiskadden, along with his mother Grace, live on 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 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.
The EHB decision, filed by EHB Chief Judge and Chairman Thomas W. Renwand, determined Kiskadden failed to “demonstrate by a preponderance of the evidence that a hydrogeological connection exists between his water well and the Range site.” A hydrogeological connection would be a groundwater connection between the Yeager site and Kiskadden’s water supply.
But Kiskadden’s attorney, John Smith, claims they’ve satisfied the burden of proof, and the Yeager site is indeed the source of contamination in Kiskadden’s water.
“The EHB adjudication was an abuse of discretion and not supported by substantial evidence,” Smith said in his appeal.
Smith lists numerous examples, including that EHB failed to “employ and address the definitive test for establishing a hydrogeological connection.”
“The EHB erred in failing to address the suite of contaminants associated with oil and gas activities as defined by the DEP and the Environmental Protection Board found leaking at the Yeager site, which were also found in Kiskadden’s water,” the appeal continues.
Smith said in a phone interview Thursday, the EHB did not find a connection between contaminants found at the Yeager site and the same chemicals that were found in the Kiskaddens’ water.
“As the EHB failed to utilize the definitive test in order to determine the presence of a hydrogeological connection as set forth by the DEP, from the numerous contaminants found leaking from the drill site, which were also detected in our clients client’s drinking water, we had no choice but to seek appellate review,” Smith said Thursday.
Smith said there also wasn’t evidence to support Range’s contention a junkyard on the property was causing the contamination.
Range Resources issued a statement saying, “We have not seen the appeal, which they have the right to file, but we respect and appreciate the legal process in Pennsylvania. Both the DEP and a panel of five judges at the EHB determined that natural gas operations did not impact this water well and we are confident that the court will reach the same conclusion.”
Range is still emroiled 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 the June 12 filing, noting their and the Voyles’ water supplies were not affected and lower levels of certain contaminants were found in the water compared to the Kiskaddens water supplies.