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Attorney General Gansler Challenges Natural Gas “Fracking” Operation to Protect Marylanders’ Health

Posted by Web Team on April 29, 2011 at 1:35 pm

On April 29, 2011, Attorney General Douglas F. Gansler notified Chesapeake Energy Corporation and its affiliates of his intent to sue for violating the federal Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA) – just ten days after thousands of gallons of “fracking” fluids were released from a natural gas well owned and operated by Chesapeake Energy into Towanda Creek, a tributary of the Susquehanna River, which supplies 50% of the fresh water in the Chesapeake Bay.

“Companies cannot expose citizens to dangerous chemicals that pose serious health risks to the environment and to public health,” said Attorney General Gansler. “We are using all resources available to hold Chesapeake Energy accountable for its actions.”

Hydrofracturing or “fracking” is a process by which drilling companies force natural gas to the surface by fracturing shale deposits deep beneath the ground using a mixture of chemicals some of which are toxic or carcinogenic.

The precise mixture of fracking fluids used in the Marcellus Shale deposits in Pennsylvania is not known. A recent Congressional study found that they may contain up to 750 chemicals and other components, including several extremely toxic compounds. High levels of these contaminants remain in the fracking fluid that returns to the surface as wastewater after a well has been hydrofracked. This wastewater, referred to as “flowback water,” is then contained at the well site, either to be recycled or hauled away for disposal. Flowback water also contains high levels of radioactive materials.

The New York Times has reported that both industry and EPA confidential studies indicate that these materials “cannot be fully diluted in rivers and other waterways.” Radioactivity levels in Pennsylvania fracking wastewater have sometimes been thousands of times above the maximum allowed by the federal standard for drinking water.

In his letter, Attorney General Gansler notified the company that at the close of the required 90-day notice period, the State intends to file a citizen suit and seek injunctive relief and civil penalties under RCRA for solid or hazardous waste contamination of soils and ground waters, and the surface waters and sediments of Towanda Creek and the Susquehanna River. The State also intends to seek injunctive relief and civil penalties under the CWA for violation of the CWA's prohibition on unpermitted pollution to waters of the United States.

The Susquehanna River supplies drinking water for approximately 6.2 million people and sensitive fish populations like the American shad and striped bass are moving into the Susquehanna flats at this time of year. Exposure to toxic and carcinogenic chemicals in unknown quantities creates a risk of imminent and substantial endangerment to humans using Pennsylvania and Maryland waterways for recreation and to the environment.

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Meet Doug Gansler

Since taking office, Doug Gansler has distinguished himself by prosecuting polluters of the Chesapeake Bay, protecting consumers from corporate and insurance fraud, safeguarding the public from gangs, and attacking the underbelly of the Internet. More

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Attorney General Gansler Challenges Natural Gas “Fracking” Operation to Protect Marylanders’ Health

Posted by Web Team on April 29, 2011 at 1:35 pm

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