Cleburne Times-Review, Cleburne, TX

Johnson County

December 21, 2010

Resident files lawsuit against Encana, Chesapeake

Plaintiff claims ground water has been poisoned

An area resident filed a lawsuit last week against companies drilling in the Barnett Shale, accusing them of contaminating the landowner’s water.

The damage suit, filed by Windle Turley of the Turley Law Firm in Dallas on behalf of plaintiff Grace Mitchell, was brought in the Federal District Court in Dallas.

In the case, Mitchell vs. Encana Oil & Gas Inc., Chesapeake Operating Inc., and Chesapeake Exploration LLC, the plaintiffs contend their ground water has been poisoned and its use destroyed by the defendants’ drilling and high pressure fracking operations conducted beneath and near their property.

The lawsuit seeks unspecified damages.

Although the lawsuit states that Mitchell is a resident of Johnson County and that the property in question is in Johnson County, a map sent to the Times-Review along with a copy of the suit shows that the property is north of Farm-to-Market Road 1187 and west of Crowley in Tarrant County.

According to the suit, the plaintiff can no longer use the water from her own well for consumption, bathing or washing clothes because around May the well water started to feel slick to the touch and give off an oily, gasoline-like odor.

Testing results performed on the well ground water, the lawsuit stated, confirmed it was contaminated with various chemicals, including C-12-C28 hydrocarbons, similar to diesel fuel.

“The full scope of ground water contamination in the Barnett Shale will not be known for some time, however it appears to be extensive,” said Windle Turley, the plaintiff’s attorney. “We believe that hundreds and more likely thousands of property owners have already had the water beneath their surface essentially ruined as a result of nearby drilling and fracking in the Barnett Shale. This is why these damage lawsuits are being filed.”

Julie H. Wilson, Chesapeake’s vice president for urban development, said that the Oklahoma-based energy company had not yet been served as of Monday morning and that suggestions of widespread water contamination in the Barnett Shale are false.

“We have no record of her ever attempting to contact us with concerns about her water quality, so we have no information to assess her claims at this time,” she said. “She has named other companies who have drilled on or around her property. The lawsuit states her property is in Johnson County, but the map attached to her pleading shows property in Tarrant County, so even the most basic facts contained in this suit are inconsistent. With more than 2,000 wells drilled in the Barnett Shale formation, Chesapeake has established an outstanding record of encasing wells and protecting the region’s ground water. It is irresponsible for lawyers to opportunistically prey on people’s fears and misconceptions to encourage baseless lawsuits.”

The lawsuit joins another case already pending in the Dallas Federal District Court, Scoma vs. Chesapeake, which arose out of drilling in Johnson County.

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