EPA v. CHESAPEAKE APPLACHIA, LLC (22 FACILITIES)

Case summary

On May 17, 2021, DOJ filed an Unopposed Motion to Enter a Consent Decree between the United States and PADEP (co-plaintiff) and Chesapeake Appalachia, LLC (CALLC) resolving unauthorized discharges of dredged and fill material in waterways in Pennsylvania. On May 14, 2021, EPA, PADEP, the Corps of Engineers, and CALLC held an initial pre-implementation meeting to address questions raised by CALLC concerning aspects of permit applications necessary to return the sites to compliance. In the consent decree, CALLC agreed to a $1.9 million penalty for violating federal and state clean water laws, and to restore or mitigate impacts to water resources. In 2014, CALLC informed EPA, the Army Corps and PADEP that an internal audit had identified potential unauthorized discharges of fill material without applicable permits at multiple sites in the Commonwealth. Following lengthy negotiations and multiple site visits by EPA (both ECAD and LSAD staff), PADEP and the Army Corps, the company ultimately disclosed potential unauthorized discharges at a total of 76 sites across Pennsylvania, impacting about 26 acres of wetlands and 2,326 linear feet of streams. As part of the settlement, CALLC will either seek after-the-fact authorization from the Army Corps and/or PADEP to leave the fill in place, or CALLC will restore the impacted wetlands or waterways. In all cases, the impacted water resource either will be restored or the environmental harm will be offset through off-site compensatory mitigation. CALLC is a subsidiary of Oklahoma-based Chesapeake Energy Corporation, one of America?s largest oil and gas exploration and production companies. On June 28, 2020, Chesapeake Energy and its affiliated entities, including CALLC, filed for Chapter 11 reorganization in U.S. Bankruptcy Court in Texas. The Consent Decree was lodged after the bankruptcy court approved CALLC?s request to execute it. The Motion to Enter the Consent Decree follows the close of a 30-day public comment period. The Motion includes responses to the seven public comments received. CALLC did not oppose the Motion to Enter.

Defendants (1)

• CHESAPEAKE APPALACHIA, LLCNamed in complaintNamed in settlement

Facilities (22)

• EILEEN

  841 FT S INTER. COLLINS RD/BERWICK TURNPIKE, TROY, PA, 16947

  Registry ID: 110070923751

• SHARER

  1700 FT W INTER. CLAPPER HILL RD/PICKETT RD, LACEYVILLE, PA, 18623

  Registry ID: 110070923761

• MILLER

  1600 F W INTER. OLD PLANK RD/BRIDGE ST HILL RD, TOWANDA, PA, 18848

  Registry ID: 110070923758

• MAY

  670 FT N INTER. BLODGETT RD/BUNYAN HILL RD, GRANVILLE SUMMIT, PA, 16926

  Registry ID: 110070923757

• CSI

  2500 FT N INTER. KENDALL HILL RD/COVERED BRIDGE RD, TOWANDA, PA, 18848

  Registry ID: 110070923749

• HAYWARD

  730 FT E INTER. PA RT 187/BATTLE CREEK RD,ON RT 18, ROME, PA, 18837

  Registry ID: 110070923755

• WAY

  870 FT NW INTER. OLD STAGE COACH RD/WILD TURKEY RD, WYALUSING, PA, 18853

  Registry ID: 110070923764

• TREAT

  1750 FT W INTER. ROBINSON RD/SHOEMAKER RD, ROME, PA, 18837

  Registry ID: 110070923763

• CANCRUN (PETTY)

  3320 FT W INTER.SOUTHSIDE RD/LEROY MOUNTAIN RD, CANTON, PA, 17724

  Registry ID: 110070923748

• WELLES 2

  130 FT E INTER. T437/CROSS RD, ON T437, WYALUSING, PA, 18853

  Registry ID: 110070923765

• GOLL

  530 FT NE INTER. MOUNTAIN RD/CASH CREEK RD, MILAN, PA, 18831

  Registry ID: 110070923753

• CHESAPEAKE APPALACHIA LLC - RYLEE

  4100 FT E INTER. MCGAVIN RD/PA RT 267, MESHOPPEN, PA, 18630

  Registry ID: 110069231496

• CHESAPEAKE APPALACHIA LLC - HANNAN

  3000 FT W INTER. BRONSON RD/RT 6 ON RT 6, TROY, PA, 16947

  Registry ID: 110069231487

• GRANT

  1616 FT N INTER. MAC RD/KELLY RD, ULSTER, PA, 18850

  Registry ID: 110070923754

• STAFFORD

  2550 FT N INTER. GRAND VIEW RD/RIVER VIEW RD, WYALUSING, PA, 18853

  Registry ID: 110070923762

• …and 7 more

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CHESAPEAKE APPLACHIA, LLC (22 FACILITIES)entered 2021-05-20

  Primary law: CWA

  Federal penalty: $950,000 · State/local: $950,000

Timeline (5 milestones)

• 2015-03-31Referred To Dept Of Justice
• 2015-10-20Enforcement Action Data Entered
• 2021-03-24Complaint Filed With Court
• 2021-03-24Final Order Lodged
• 2021-05-20Final Order Entered