Years of conflict may still lie ahead for an already epic legal clash over water contamination in the Marcellus Shale town of Dimock, Pa. A federal court Friday scrapped a verdict against Cabot Oil & Gas Corp. and ordered a new trial, ruling that evidence in the case simply did not support the jury’s $4.2 million finding last year in favor of two Dimock families that complained of fouled drinking water.
Chief Magistrate Judge Martin Carlson of the U.S. District Court for the Middle District of Pennsylvania wrote that weaknesses in the plaintiffs’ arguments and "regrettable missteps" by their attorney undermined the verdict (E&E News PM, March 31).
"It’s an open-and-shut case as far as oil and gas contamination goes.
Industry supporters were elated, seeing Friday’s decision as vindication after last year’s $4.2 million hit to Cabot’s reputation.
The standards vary slightly by jurisdiction, but federal judges generally can set aside jury verdicts and order a new trial in any of these circumstances: Newly discovered evidence arises that could change the likely outcome.
"Nevertheless, upon consideration of the trial record, and following reflection on the substantial and varied weaknesses in the plaintiffs’ case together with the myriad examples of inappropriate conduct that repeatedly occurred in the jury’s presence and may have colored the outcome of this case," he said, "the Court is constrained to find that a new trial is not only justified, but required."
In November 2009, 44 plaintiffs filed a lawsuit against Cabot arguing that the company’s new natural gas wells were to blame for tainted water wells in the area.
The case narrowed further as the early 2016 trial approached, with Carlson tossing several claims against Cabot and barring the plaintiffs from presenting certain evidence that had not previously been produced during the many years of litigation.
If the settlement discussions fail, the parties will move on to a new trial at the district court.
The judge noted that some testimony from plaintiffs’ witnesses could persuade a reasonable jury that even though the families complained of water problems before Cabot started drilling, the company could have contributed to issues in the area.

Tasks set for water supply.
– Cuttack to get more than 100 kiosks Cuttack, April 2: The Public Health Engineering Division (PHED) has initiated a slew of measures to ensure undisrupted drinking water supply in the city this summer.
The PHED and the Cuttack Municipal Corporation (CMC) have jointly planned to deploy water tankers in dry areas, install new tube wells and repair dysfunctional ones and also set up a control room to monitor distribution of safe drinking water.
Water tankers of the civic body will regularly fill these plastic tanks with drinking water.
The tanks will be placed by the end of this week after a consultation with the councillors of all the 59 wards," executive engineer of PHED, Cuttack, Sushant Ghadei told The Telegraph today.
While 44 of the 59 wards are covered under piped water system, the rest remain partially covered.
So far, the CMC was responsible for supplying drinking water to 29 wards of the city (wards 1 to 29) and PHED the remaining 30 wards (wards 30-59).
Member of CMC’s standing committee for public health, sanitation and water supply Ranjan Kumar Biswal said: "As per the joint agreement with the PHED, we have asked them to place at least two plastic tanks in each of 59 wards to be filled up by tankers.
Biswal said the PHED has also been asked to make functional all the cold water supply units that have been set up across the city with MPLAD or MLALAD funds.
"But taking permission from the municipal authority to set up kiosk has been made mandatory," Biswal said.

After historic drought, Sudbury targets private wells.
Daily News Staff @DameReports Sudbury residents who draw water from private wells for their lawns could soon be subject to outdoor water use restrictions during an extreme drought like the one suffered last summer.
Since 2000, a town bylaw required residents to drill private wells if they install in-ground irrigation systems.
There are now 360 town-permitted, private irrigation wells.
Residents who use these wells are not subject to outdoor water use restrictions imposed by the Sudbury Water District, the town’s municipal water supplier.
A proposal set to appear before Town Meeting next month would allow selectmen to restrict outdoor water use by residents with private wells when the state declares a drought “warning” – a designation issued for the first time ever in 2016.
We just don’t want to run out of water.” Some Sudbury residents raised concerns to town officials about the discrepancy between those with private irrigation wells and those who rely on the water district for all their water, Eggleston said.
Even if the measure passes, residents with private irrigation wells would still enjoy more freedoms than residents connected to the water district only.
While the water district routinely implements time and day restrictions on outdoor water use, even in the absence of drought conditions, selectmen would only be allowed to restrict private irrigation wells in extreme conditions, when a drought “warning” is issued by the state.
Some reservoir systems are back up closer to normal,” said Jonathan Yeo, DCR’s director of water supply protection.

California in 2014 enacted the nation’s first drinking water standard for hexavalent chromium, or chromium 6.
Now with Vacaville, in Solano County 55 miles northeast of San Francisco, plotting the final pieces of a multimillion-dollar chromium 6 removal plan, environmentalists are demanding that the city stop telling its 92,000 residents that their water is safe.
“The city’s transport of chromium 6 in this case creates an imminent and substantial endangerment to human health or the environment,” the complaint states.
River Watch’s attorney Jack Silver in Sebastopol did not respond to an interview request Tuesday.
Prolonged exposure to chromium 6 increases the risk of lung cancer and asthma, particularly when it’s inhaled.
Recent tests revealed that five of Vacaville’s 11 groundwater wells exceed the new state standard, two of which have been in operation since the 1970s.
The city says there are no known cases of chromium 6-related cancers due to Vacaville’s groundwater and that the carcinogen occurs naturally in its water supply.
To comply with the 2020 deadline Vacaville plans to install chromium 6 filters valued at more than $1 million per well to some of its wells.
“The city is taking steps to provide water with hexavalent chromium at or below the maximum contaminant level.
The data do not account for water supplies contaminated with chromium 6, such as Vacaville’s five wells.

Source of contamination in wells still unknown.
Officials in south-central Idaho still don’t know the source of contamination in wells in Lincoln and Gooding counties but are retesting them to determine whether the water quality is improving.
Abundant snowfall, heavy rains and warm weather have caused widespread flooding across the region.
Last month, several wells northwest of Shoshone began producing what officials describe as “green water.” Lincoln County Commissioner Cresley McConnell said, he “believes there are groundwater issues in northwestern Lincoln County.” The South Central Public Health District is sending its environmental health staff to Lincoln County to retest 16 wells previously tested by the Idaho State Department of Agriculture.
“We do not know the source or sources of the groundwater issues.
The wells being retested are in the advisory zone, an area of northwestern Lincoln County and northeastern Gooding County.
The tests will be processed by the Idaho Bureau of Labs and results should be available next week.
With widespread flooding, the ag department is responding to calls, complaints and requests for technical assistance in the Magic and Treasure valleys, Chanel Tewalt, ISDA communications chief, told Capital Press last week.
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Drinking water is contaminated in some parts of Whidbey Island.
WHIDBEY ISLAND, Wash. — The water that’s flowing through some parts of Whidbey Island is contaminated.
But it was only recently that Hovland, of Coupeville, learned her drinking water tested high for PFAS, a chemical compound found in firefighting foam and now linked to certain cancers.
The Navy has been using the foam since the 1980s.
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“If it comes in above the advisory level of 70 parts per trillion, then the Navy is going to provide drinking water,” Welding said.
“When you are worried, very, very worried, you don’t have room for anger yet,” Hovland said.
Several years ago, Hovland says her husband was diagnosed with prostate and bladder cancer; now she wonders if their drinking water is to blame.
The Navy says they are largely phasing out the use of the firefighting foam as they continue to test more areas for contamination.
“The Navy is concerned about their health, too, that’s why we have gone out and done this testing,” Welding said.

Afghan capital’s thirsty residents dig deep to combat drought, overuse.
A growing population is straining water supplies in Afghanistan’s capital, forcing those who can afford it to dig unregulated wells ever deeper to tap a falling water table.
Several unseasonably dry winters, with little rain and a dusting of snow, have exacerbated the problem.
Heavy rain and snow this year has raised hopes that groundwater can be replenished, at least for a while.
People who can afford it usually dig a well rather than depending on the city’s limited water system, but they are having to go ever deeper to reach the receding water.
The depth of a well varies across the city, but Khan said many residents are being forced to dig 10 to 20 meters (32-64 feet) deeper than in the past.
Officials say well digging has spiraled out of control, with little or no regulation of how the ever more scarce water is exploited.
Yelani said the government was looking to implement a licensing system.
"The government mustn’t allow people to dig deep wells because it has caused many problems," said Mohammad Karim, 60, who said he was too old to carry water up to his home on a hill.
"The poor can’t dig deep wells, but that doesn’t mean they should die of thirst."

Health alert in Hollister flood water contaminates wells.
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(KRON) As KRON4 first reported San Benito County has issued a water contamination health alert for anyone impacted by Wednesday’s floods.
There are about 90 wells along on Lovers Lane, Frye Lane and San Felipe Road in Hollister with possible contamination.
People living in those neighborhoods are advised not to drink, cook or bathe with their tap water.
Health officials are worried the flood waters might contain fecal matter and other potentially toxic substances.
The wells were likely contaminated by flooded septic systems, animal waste from farms and even gasoline from submerged cars.
#Breaking: San Benito Co Office of Emergency Services says residents of flood zone should not drink tap water.
Free bottled water provided pic.twitter.com/bOP7EfopfH — @Rob Fladeboe kron4 (@KRON4RFladeboe) January 13, 2017 Play Video Play Loaded: 0% Progress: 0% Remaining Time -0:00 This is a modal window.
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