Environmental Hearing Board Clears Away More Attempts By Olympus Energy To Block Shale Gas Permit Appeal By Protect PT In Westmoreland County; Olympus Fails To Provide Info On PFAS ‘Forever Chemical’ Use

On May 15, the Environmental Hearing Board denied an Olympus Energy, LLC motion to prevent Protect PT from presenting expert reports and testimony in an appeal involving DEP permits at the Metis Shale Gas Well Pad in Penn Township, Westmoreland County.  [EHB Docket #2023-025]

“In its appeal, Protect PT asserts that the Department’s issuance of the permits allows the introduction of PFAS, PFOA [‘forever chemicals’] and other chemicals into the environment through hydraulic fracturing without properly regulating or limiting their use and fails to require full disclosure of those chemicals.”

The Olympus motion deals with reports and testimony of Protect PT’s experts Dusty Horwitt, J.D. and Dr. Carla Ng, PhD.

“Dusty Horwitt holds a J.D. and is a consultant with Physicians for Social Responsibility. His report discusses the use of PFAS in oil and gas operations and Pennsylvania’s regulatory framework regarding the disclosure of hydraulic fracturing chemicals.”

“Carla Ng, Ph.D. is an Associate Professor in the University of Pittsburgh’s Department of Civil and Environmental Engineering with secondary appointments in the Department of Chemical and Biological Engineering and Department of Environmental and Occupational Health. Her report discusses PFAS, including exposure, toxicology and potential linkage to the oil and gas industry.”

“Olympus has moved to strike both reports on the grounds they are 1) mere summations of research by other parties, 2) not based on generally accepted scientific methodology, 3) speculative and 4) not relevant to the gas wells that are the subject of this appeal.”

“Olympus does not take issue with any particular methodology employed by Dr. Ng and Mr. Horwitt; rather, its argument is that the reports do not contain a methodology and are simply a collection of data. It asserts that the “reports, in short, are devoid of any express or implied methodology for their opinions.”

“Protect PT disagrees; it argues that Dr. Ng’s and Mr. Horwitt’s reports draw conclusions based on a litany of peer- reviewed work which is an acceptable methodology in their field.

“It asserts that the reports contain “citations to 190+ publications, including [Dr. Ng’s and Mr. Horwitt’s] own research, peer reviewed publications, publications authored by experts in their relevant fields, and studies with thoroughly explained methodology and robust data,” and, as such, “fall well within the type of scientific rigor envisioned by Pennsylvania when implementing the Frye standard [a legal standard related to expert testimony].””

The Board disagreed with Olympus Energy’s argument and said, “we believe this is a matter more appropriately addressed through cross-examination at a hearing.”

Protect PT Blocked From Getting Critical Information

“Finally, Olympus argues that the reports of Dr. Ng and Mr. Horwitt are speculative and fail to address matters specifically related to the particular well site in question in this appeal.”

“Protect PT counters that any lack of specificity in its reports is not reflective of a deficiency in the experts’ analyses, but, rather, Olympus’ inability or refusal to provide information that would allow Protect PT’s experts to draw more case-specific conclusions.

“Protect PT asserts that it must work in terms of generalities due to trade secret laws and regulations that prevent the disclosure of many substances used in the hydraulic fracturing process, including operations at Olympus’ site.”

“Protect PT points out that it has served a subpoena on Olympus’ chemical supplier to obtain the identities of the chemicals used in its hydraulic fracturing process.

“Olympus filed objections to the subpoena which were overruled on April 15, 2024.

“Protect PT asserts that, until it obtains this information, its experts have no choice but to speak generally.

“It adds that Olympus itself could clear up any uncertainty by simply providing the specific identity of the chemicals used in its hydraulic fracturing process.”

“Protect PT has sufficiently explained why its experts cannot proceed with a higher level of certainty due to barriers that prevent the disclosure of much of the information it seeks. We note that discovery is still ongoing in this matter.

“While Olympus and the Department have had Protect PT’s expert reports since August 2023, they have not yet produced their own reports.

“Although Olympus filed this motion for the purpose of removing uncertainty, it is possible that the production of Olympus’ expert reports may clear up some of that very uncertainty.

“Additionally, as noted earlier, Protect PT has only recently had the opportunity to subpoena Olympus’ supplier for information related to the substances used by Olympus in the hydraulic fracturing process at the Metis site.

“Amid this backdrop, there is no basis for taking the drastic step of striking Protect PT’s expert reports and expert testimony.”

Click Here for a copy of the Opinion and Order.

Related Articles - Olympus:

-- Environmental Hearing Board Allows Protect PT Appeal Of Olympus Shale Gas Well Permits In Westmoreland County To Proceed; Olympus Was Trying To Deprive Protect PT Of Its Rights  [PaEN]

-- Olympus Energy Shale Gas Driller Expresses Fear Municipalities Will Use Their DEP Compliance Record With Hundreds Of Violations To Help Make Local Land Use Decisions On Oil & Gas Infrastructure Projects  [PaEN]

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - May 11 to 17; Lots Of Spills Week; 3 More Abandoned Shale Well NOVs; Well Shut In To Prevent Frack-Out  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - May 18 [PaEN]

-- DEP Posted 72 Pages Of Permit-Related Notices In May 18 PA Bulletin  [PaEN]

Related Articles This Week - Gas:

-- Rep. Vitali To Introduce Bill Banning The Disposal Of Conventional Oil & Gas Wastewater By Dumping It On Public Roads; Rep. Causer To Introduce Bill Legalizing It  [PaEN]

-- Illegal Wastewater Dumping Continues, Even On Mothers Day, Conventional Oil & Gas Well Owners’ Campaign Of Intimidation Of Senate Witness; Now Dumping Before It Rains, On Paved Roads [PaEN]

-- DEP Imposed $2.2 Million In Penalties Against Shale Gas Drilling, Pipeline Companies In 2023 For Violations Dating Back To 2018  [PaEN]

-- Environmental Hearing Board Clears Away More Attempts By Olympus Energy To Block Shale Gas Permit Appeal By Protect PT In Westmoreland County; Olympus Fails To Provide Info On PFAS ‘Forever Chemical’ Use  [PaEN]

-- The Derrick: PUC To Hold May 21 Prehearing On Future Of Venango Water Company; Water Source Contaminated By Conventional Oil Well Wastewater Spill  [PaEN]

-- Penn State Extension May 30 Webinar On Landowner Role In Conventional Orphaned, Abandoned Oil And Gas Wells  [PaEN]

-- National Energy Technology Lab, University Of Pittsburgh Say Oil & Gas Wastewater Can Be Major Source Of Lithium For Rechargeable Battery Production  [PaEN] 

-- DEP: $5 Million In Grants Recommended To Support Mitigation Projects In Beaver County Related To Shell Petrochemical Plant Environmental Violations + Shell Paid Total Penalties Of $7,606,027.75  [PaEN]

NewsClips This Week - Gas:

-- The Energy Age Blog: Shale Gas Violations Run Rampant In Pennsylvania, $2.2 Million In Penalties Assessed

-- Warren Times: Oil & Gas Wastewater Spreading Battle Back On In General Assembly

-- KDKA: West Deer Twp. Residents Fighting Back Against Proposed Olympus Energy Shale Gas Well Installations In Allegheny County

-- WPXI: West Deer Twp. Neighbors Fight To Keep Olympus Energy Shale Gas Wells Far From Homes In Allegheny County 

-- Post-Gazette - Anya Litvak: Environmental Mitigation Fund, Set Up Thru Shell Petrochemical Plant Air Penalties Ready To Dole Out Money

-- Beaver County Times: Projects Selected For Shell Petrochemical Plant Environmental Mitigation Funding

-- Post-Gazette/Inside Climate News: Water Quality Advocates Concerned About Increased Pollution, Strong Odors From Outfalls From Shell Petrochemical Plant In Beaver County

-- Inside Climate News: Q&A: Is Pittsburgh Becoming ‘The Plastic City’?

-- The Energy Age Blog: EQT Corp. New Act 14 Notices Of New Wells From Sarah Shale Gas Well Pad In Union Twp., Washington County Headed To Library, South Park In Allegheny County

-- The Energy Age Blog: Path Of May 11 Tornado In Washington County Ended Between The McIntosh Natural Gas Compressor Station, EQT Sarah Shale Gas Well Pad 

-- TribLive: Does It Seem Like More Tornadoes Are Striking Western PA?  They Are

-- Erie Times Guest Essay: State Program To Plug Abandoned Conventional Oil & Gas Wells Saves Lives, Creates Prosperity - By Environmental Health Project

-- AP: CNX Plans $1.5 Billion Hydrogen Aviation Fuels Plant At Pittsburgh Airport, But Wants Federal Tax Credit To Build It

-- CNX, KeyState Plan Hydrogen Aviation Fuel Hub At Pittsburgh Airport

-- AAA Gasoline Prices: PA- $3.75  National- $3.59  Ohio- $3.50

-- WNEP: UGI Utilities Announces 4.5% Increase In Cost Of Gas Starting June 1, Another 7.3% Increase Projected For Dec. 1 

-- Baker Hughes: PA Natural Gas Drilling Rigs Same As Last Week- 21

-- The Allegheny Front/WV Public Broadcasting: Residents Near Mountain Valley Gas Pipeline Say Details Are Scarce On What Caused Rupture Of Pipe During Test

-- Marcellus Drilling News: Martins Ferry, WV Not Getting Answers On PA Company’s Abandoned Oil & Gas Wastewater Facility Cleanup From Ohio DNR

-- Oil & Gas Journal: Gulfstream LNG Gas Export Facility Gains FERC Approval For Next Step In permitting Process [Not Affected By Pause]

-- Marcellus Drilling News: ETF Trends: US LNG Gas Export Capacity To Rise 80% By 2028 [Even With Pause In Permits For New Export Facilities]

[Posted: May 17, 2024]


5/20/2024

Go To Preceding Article     Go To Next Article

Return to This PA Environment Digest's Main Page