The following statement is being issued by Kroll Settlement Administration regarding McEvoy v. Diversified Energy and EQT--

A proposed settlement has been reached in a lawsuit called McEvoy v. Diversified Energy and EQT that alleges Diversified and EQT engaged in improper transfers of certain oil and gas wells and that Diversified wrongfully used land by failing to plug certain non-producing wells, among other things.

Diversified and EQT deny any wrongdoing but have decided that it is in their best interests to settle the case in order to avoid the risk and expenses of further litigation.

Who is included in the Settlement?

Members of the class are persons and entities that owned-from July 8, 2022 to November 4, 2024-a surface interest in land in West Virginia, Ohio, Kentucky, Pennsylvania, Virginia, or Tennessee, with a Diversified Energy oil and gas well on that land.

What are the Settlement Benefits?  Apply To Have A Well Plugged

The settlement requires Diversified to plug 2,600 wells in the affected states by December 31, 2034.

If you have any health, safety, or environmental concerns, you can apply for well-plugging at no cost through a Court appointed administrator. More details are on www.DECSettlement.com.

What are your Rights & Options?

-- Do Nothing: Be a member of the class, with the opportunity to have non-producing wells plugged over the next 10 years. Give up certain legal rights resolved by the settlement, including the right to sue Diversified until January 1, 2034, for failing to plug your well. Diversified and EQT contest that citizens have a right to bring any such lawsuit.

-- Opt-Out: You get out of the settlement and keep the right to sue for claims in this case. You will not be a member of the class, and you will not release claims (to the extent they existed) against Diversified and EQT. The deadline to opt out is February 18, 2025.

-- Object: To object, you must remain in the class and explain to the Court any specific disagreements you have with the proposed settlement. The deadline to object is March 17, 2025.

The Court will hold a Fairness hearing at the US District Court for the Northern District of West Virginia, 1125 Chapline Street, Wheeling, WV 26003 on April 11, 2025, to consider approval of the settlement, a payment up to a total of $6,500,000 or Class Counsel for attorneys' fees, plus Class Counsel's expenses, and an award of $3,000 for each Class Representative.

In a Class Action Lawsuit, the Court appoints Class representatives and lawyers to work on the case and represent the interests of all Class Members.

All motions filed by Class Counsel will be available on the website before the hearing.

You may appear at the hearing, at your own expense, but you do not need to. You may also hire your own lawyer, at your own expense.

This is only a summary. More details about the Proposed Settlement and instructions on how to object or exclude yourself are available at www.DECSettlement.com or by calling (833) 627-3696.

Click Here for the announcement.

Resource Link:

-- Mountain State Spotlight: WV Landowners Lawsuit Settlement With Diversified Energy Company, EQT Corporation Will Result In Plugging 2,600 Wells In WV, Ohio, Kentucky, Virginia, Tennessee, Pennsylvania Over 10 Years

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Dec. 14 to 20 -- Shale Gas Wells Abandoned For 42 Months; Failure To Cleanup Conventional Well Spill For 19 Months; Gas Pipeline Land Slump  [PaEN]

-- What The Shale Gas Industry Is Leaving Behind:  DEP: Diversified Production LLC Failed To Plug 2 Abandoned Shale Gas Wells For 42 Months + At Least 9 Other Shale Gas Wells Abandoned  [PaEN]

-- DEP: Apollo Resources, LLC Failed To Comply With Order To Cleanup Conventional Oil Well Wastewater Spill 19 Months After It Was Discovered In Fayette County  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - December 21 [PaEN] 

-- DEP Posted 63 Pages Of Permit-Related Notices In December 21 PA Bulletin  [PaEN] 

Related Articles:

-- Save The Date: Feb. 27 - Shale Gas And Public Health Conference, Duquesne University  [PaEN] 

-- EarthWorks Blog: Common Sense Needed In The Commonwealth - How To Protect Pennsylvanians From The Environmental, Health Impacts Of The Oil & Gas Industry - By Melissa Ostroff & Charlie Palladino, EarthWorks  [PaEN]

-- PUBLIC NOTICE: Proposed Oil & Gas Well Plugging Settlement With Diversified Energy, EQT May Affect Pennsylvania Surface Landowner Rights; Apply To Have A Well Plugged  [PaEN]

-- DEP To Review Shell Petrochemical Plant Title V Air Quality Permit Under Environmental Justice Policy Enhanced Public Participation Process  [PaEN]

-- DEP: Revised Application, Instructions Available For Coal-Mine Methane Enclosed Flares Air Quality General Permit  [PaEN]

-- PUC Chairman Stephen M. DeFrank Appointed Chair Of National Assn. Of Regulatory Utility Commissioners Committee On Natural Gas  [PaEN]

-- North American Electric Reliability Corp: AI Poses Threat To North American Electricity Grid  [PaEN]

-- US DOE Releases LNG Gas Export Study: Facilities Already Approved Will Meet Global Demand For Decades; Unfettered Exports Would Increase Domestic Natural Gas Prices; Electricity Prices; Costs To Manufacturers  [PaEN]

NewsClips:

-- TribLive: Additional Hearing Required For Proposed Oil & Gas Wastewater Injection Well In Plum Borough, Allegheny County That Doesn’t Meet Setbacks

-- Post-Gazette - Anya Litvak, et al: Expanding Natural Gas Exports Will Increase Prices, Pollution, Report Says

-- Marcellus Shale Gas Coalition Calls For Immediate Lift Of LNG Export Facility Permit Review Ban  [EQT, PA Shale Gas Says We Have A ‘Duty’ To Sell More Gas To China Our Economic, Military Competitor]

-- Marcellus Drilling News: Energy & Business Groups Respond To US DOE LNG Gas Export Study  [PDF of Article]

-- Reuters: Demand For US LNG Gas Exports Head For First Decline In 8 Years; Europe Bracing For New Price Shock As Weather Depletes Storage

-- Bloomberg: Natural Gas Markets Brace For ‘Volatility’ With Expiration Of Gas Transit Deal Between Russia And Ukraine Jan. 1

-- Bloomberg: Republican Administration Threatens Tariffs If EU Doesn’t Buy More US Oil, Natural Gas

-- Bloomberg: Oil/Gas Sector Lobbies Republican Administration To Spare It From Tariffs, Regulation

-- Post-Gazette: PA Lawmakers Talk Of Requiring Natural Gas Detectors In Buildings After Explosion That Killed 7 In Reading

-- TribLive: Residents Of Mt. Peasant Personal Care Homes Start Returning Hours After Natural Gas Leak In Westmoreland

-- The Derrick - Makayla Keating: Aqua PA Cites Existing Problems At Rhodes Utilities Water Companies  [PDF of Article]  [Water Companies Related To Venango County Conventional Well Spill Incident]  

-- The Guardian: DOE Warns ‘Unfettered’ Natural Gas Expansion Would Drive Up Domestic Costs

-- Utility Dive: US LNG Gas Exports Raise Electricity Bills, Gas Prices And Emissions, DOE Report Concludes

-- Financial Times: LNG Gas Export Boost Would Increase Prices, Hurt Climate, US Study Says

-- Reuters: US DOE Releases LNG Gas Export Facility Study Urging Caution On New Permits

-- Bloomberg: Biden’s LNG Gas Export Study Presents ‘Speed Bump’ For New Republican Administration

-- S&P Global: Major New US Industry At A Crossroads - A US LNG Impact Study - Phase I

-- Reuters: US Keeps LNG Gas Exports Crown Even With Facility Outages, Delays In Projects Under Construction, Slowing Demand

[Posted: December 20, 2024]

12/23/2024