EPA v. CUNNINGHAM ENERGY, LLC AND HOUSTON NATURAL RESOURCES CORP (CUNNINGHAM ENERGY, LLC)

Case summary

On June 28, 2024, Region 3 entered a Consent Agreement and Final Order ( CAFO ) with Cunningham Energy, LLC ( Cunningham ) and its parent, Houston Natural Resources Corp ( HNRC ) resolving alleged violations of the CAA and the West Virginia State Implementation Plan at Cunningham's oil and gas well pad and tank battery facility ( Facility ) located in Bomont, WV. Cunningham and HNRC will pay $764,274.33 within 180 days of the Effective date, an amount that includes the full penalty of $742,737 assessed by the EPA and accrued interest. In May 2023, EPA Region 3 separately issued an Administrative Order on Consent (CAA-03-2023-0038DA) addressing the same 13 separate violations underpinning this penalty settlement. This action and the previous Administrative Order support EPA?s National Enforcement and Compliance Initiative for Mitigating Climate Change. All actions required by that related enforcement action have been completed and the order terminated. The Facility is not located in an area of potential EJ concern. EPA notified West Virginia Department of Environmental Protection of the action.

Defendants (2)

• CUNNINGHAM ENERGY, LLCNamed in complaintNamed in settlement
• HOUSTON NATURAL RESOURCES CORPNamed in complaintNamed in settlement

Facilities (3)

• CUNNINGHAM ENERGY LLC, J.S. COCHRAN SITE

  SHELTON ROAD, BOMONT, WV, 25030

  Registry ID: 110070083504

• CUNNINGHAM ENERGY LLC, KING WELL SITE

  SHELTON ROAD, BOWMONT, WV, 25030

  Registry ID: 110070107055

• CUNNINGHAM ENERGY, LLC

  SHELTON ROAD, BOMONT, WV, 25030

  Registry ID: 110070083504

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• CUNNINGHAM ENERGY, LLC AND HOUSTON NATURAL RESOURCES CORP (CUNNINGHAM ENERGY, LLC)entered 2024-06-28

  Primary law: CAA

  Federal penalty: $742,737

Timeline (3 milestones)

• 2024-06-28Final Order Issued
• 2024-06-28Complaint Filed/Proposed Order
• 2024-07-02Enforcement Action Data Entered