Over 30 plaintiffs allege that Southwest Energy has made "releases, spills, and discharges of combustible gases, hazardous chemicals, and industrial wastes from its oil and gas drilling facilities." Further, they argue that these releases have caused them "to incur health injuries, loss of use and enjoyment of their property, loss of quality of life, emotional distress, and other damages." They charge Southwest Energy with gross negligence. According to the complaint, the well operators at Price Well #1 in Lenox Township in Susquehanna County continued to use a well with faulty cement casing that led to the contamination of well water with fracking fluid.
The plaintiffs are requesting several things:
i. The reasonable and necessary costs of remediation of the hazardous substances and contaminants;You can read the entire complaint below. This will set an interesting precedent in the state no matter which way it goes. What's your take on this?
ii. A preliminary and permanent injunction barring Defendants from engaging in the acts complained of and requiring Defendants to abate the aforesaid nuisances, wrongful acts, violations and damages created by them within the Price #1 Well Area;
iii. The cost of future health monitoring;
iv. Compensatory damages for the loss of property value, damage to the natural resources of the environment in and around the Plaintiffs¶ properties, medical costs, loss of use and enjoyment of their property, loss of quality of life, emotional distress, personal injury and such other reasonable damages incidental to the claims.
v. Punitive damages for Defendants for fraudulent misrepresentation and gross negligence
vi. Plaintiffs's litigation costs and fees; and
vii. Any further relief that the Court may find appropriate.
Fracking United States District Court Complaint Final