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Gas driller pleads no contest to polluting town's water

MONTROSE, Pa.
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Pennsylvania Attorney General Josh Shapiro speaks with members of the media during a news conference at the Susquehanna County District Courthouse in Montrose, Pa., Tuesday, Nov. 29, 2022. Pennsylvania's most active gas driller has pleaded no contest to criminal environmental charges in a landmark pollution case. Houston-based Coterra Energy Inc. entered its plea Tuesday. (AP Photo/Matt Rourke)

MONTROSE, Pa. (AP) 鈥 Pennsylvania鈥檚 most active gas driller pleaded no contest Tuesday to criminal charges, capping a landmark environmental case against a company that prosecutors say polluted a rural community's drinking water 14 years ago and then tried to evade responsibility.

Residents of the tiny crossroads of Dimock in northeastern Pennsylvania say they have gone more than a decade without a clean, reliable source of drinking water after their aquifer was ruined by Houston-based Coterra Energy Inc.

Under a plea deal entered in Susquehanna County Court, Coterra agreed to pay $16.29 million to fund construction of a new public water system and pay the impacted residents' water bills for the next 75 years.

鈥淎fter more than decade of denials, of shirking responsibility and accountability, Coterra pleaded to their crime, and the people of Dimock finally had their day in court," Attorney General Josh Shapiro, the state's incoming governor, said outside the courtroom. 鈥淭oday is further proof that you don't get to just walk away from the harm you do here in Pennsylvania."

The plea 鈥 the result of years of negotiations between Coterra and the attorney general's office 鈥 represents a milestone in one of the most prominent pollution cases ever to emerge from the U.S. drilling and fracking boom. Dimock drew national notoriety after residents were filmed lighting their tap water on fire in the Emmy Award-winning 2010 documentary 鈥淕asland."

Coterra鈥檚 corporate predecessor, Cabot Oil & Gas Corp., with 15 criminal counts, most of them felonies, after a grand jury investigation found the company drilled faulty gas wells that leaked flammable methane into residential water supplies in Dimock and surrounding communities.

The grand jury blasted what it called Cabot鈥檚 鈥渓ong-term indifference to the damage it caused to the environment and citizens of Susquehanna County.鈥

Cabot, which merged with Denver-based Cimarex Energy Co. to form Coterra, has long maintained the gas in residents鈥 water was naturally occurring.

Coterra pleaded no contest to a misdemeanor charge of prohibition against discharge of industrial wastes under the state鈥檚 Clean Streams Law. The plea means Coterra does not admit guilt but agreed to accept criminal responsibility.

鈥淐oterra has worked closely with the Office of Attorney General to resolve historical matters and create a path forward for all parties,鈥 company spokesperson George Stark said via email. He said Coterra 鈥漵trives to follow best practices, exceed industry standards, and to continue to be a valuable community partner.鈥

Many residents have avoided using their well water since the aquifer was contaminated with methane and heavy metals, using bottled water, bulk water purchased commercially, and even water drawn from creeks and artesian wells instead.

鈥淭hese people had to find very creative ways to get water for their homes, water for their families, their kids, their critters, and it was not pretty,鈥 Dimock resident Victoria Switzer said Tuesday. 鈥淚t was just crazy, people trying to find water.鈥

Switzer, whose house will be connected to the new water line, called it 鈥渨onderful news鈥 鈥 and a long time coming.

Another resident, Scott Ely, said some of his neighbors had moved away or developed health problems as a result of Coterra's practices, while his own children, now in college, had grown up 鈥渨ithout a safe water source.鈥

鈥淭here's so much heartache,鈥 he said.

Residents were last week. A public utility, Pennsylvania American Water, plans to drill two wells 鈥 what it calls a 鈥減ublic groundwater system鈥 鈥 and build a treatment plant that will remove any contaminants from the water before piping it to about 20 homes in Dimock. The utility estimates that construction will take about three years, during which Coterra will be required to provide individual treatment systems and bottled water to impacted residents.

The settlement comes near the end of Shapiro鈥檚 tenure as attorney general.

On Tuesday, Shapiro, a Democrat who will be sworn in as governor in January, pledged more aggressive regulatory oversight of the industry.

"We have to change our regulatory structure here in the commonwealth," Shapiro said. "We have to make sure we are setting clear rules of the road and holding industry accountable. If the regulators fail to do that, then industry is not going to be constrained and they're going to go ahead and put profits before people. And that's where the danger comes in."

Shapiro demurred on the question of whether Coterra would be permitted to resume drilling in a 9-square-mile (23-square-kilometer) area of Dimock where it has long been banned. Shpairo said he would review the matter with his new environmental secretary after taking office as governor.

The criminal case has not slowed Coterra鈥檚 business. It is the leading shale gas driller in the nation鈥檚 No. 2 natural gas-producing state.

Michael Rubinkam, The Associated Press

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