-
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL
ACTION LAW
GARY BAUMGARDNER, GEORGANN ) BAUMGARDNER, RACHEL CECCHINI, )
CIVIL DIVISION ANTONY CECCHINI, MIECZYSLAW ) MICKEY GNIADEK, SABINE
GNIADEK, ) CASE No.: and GEORGE SIMMONS, ) ) HON. JUDGE:
Plaintiffs, ) ) Type of Pleading: v. ) ) COMPLAINT CHESAPEAKE
APPALACHIA, LLC; ) EQT PRODUCTION COMPANY; EQT ) Filed on Behalf
of: MIDSTREAM SERVICES, LLC; ) Plaintiffs TRAX FARMS, INC.; MATT
AURILIO and ) MASON DIXON ENERGY, LLC, ) Counsel of Record: )
Defendants. ) Peter Britton Bieri, Esq. ) Pa. I.D. No. 314960 ) )
SPEER LAW FIRM, PA ) 104 W. 9th Street, Suite 400 ) Kansas City, MO
64105 ) Phone: (816) 472-3560 ) Fax: (816) 421-2150 ) ) Edward
Ciarimboli ) PA Bar No. 85904 ) Clancy Boylan ) PA Bar No. 314117 )
) FELLERMAN & CIARIMBOLI ) 183 Market St, Ste 200 ) Kingston,
PA 18704 ) Phone: (570) 714-4878 ) Fax: (570) 714-7255 SERVICE
INFORMATION: CHESAPEAKE APPALACHIA, LLC c/o C T Corporation System
116 Pine Street, Suite 320 Harrisburg, PA 17101
-
2
EQT PRODUCTION COMPANY c/o C T Corporation System 116 Pine
Street, Suite 320 Harrisburg, PA 17101
EQT MIDSTREAM SERVICES, LLC c/o C T Corporation System 116 Pine
Street, Suite 320 Harrisburg, PA 17101
TRAX FARMS, INC. c/o Registered Agent 528 Trax Rd Finleyville,
Washington County, PA 15332-9801 MASON DIXON ENERGY, LLC c/o
Capitol Corporate Services, Inc. 600 N. Second St Harrisburg, PA
17101 MATT A/K/A MATTHEW AURILIO 29 Natchez Street Pittsburgh, PA
15211-1903
-
3
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL
ACTION LAW
GARY BAUMGARDNER, GEORGANN ) BAUMGARDNER, RACHEL CECCHINI, )
ANTONY CECCHINI, MIECZYSLAW ) MICKEY GNIADEK, SABINE GNIADEK, )
CASE No.: and GEORGE SIMMONS, ) ) Plaintiffs, ) ) JURY TRIAL
DEMANDED v. ) ) CHESAPEAKE APPALACHIA, LLC; ) EQT PRODUCTION
COMPANY; EQT ) MIDSTREAM SERVICES, LLC; ) TRAX FARMS, INC; MATT
AURILIO; and ) MASON DIXON ENERGY, LLC, ) ) Defendants. )
COMPLAINT
COME NOW, Plaintiffs Gary Baumgardner, Georgann Baumgardner,
Rachel Cecchini,
Antony Cecchini, Mieczyslaw Mickey Gniadek, Sabine Gniadek, and
George Simmons,
(hereinafter sometimes collectively referred to as Plaintiffs)
by and through counsel, for their
cause of action against Defendants Chesapeake Appalachia,
L.L.C.; EQT Production Company;
EQT Midstream Services, LLC; Matt a/k/a Matthew Aurilio, and
Trax Farms, Inc. (hereinafter
sometimes referred to collectively as Defendants) state and
allege as follows:
NATURE OF THE CASE
This is an action by residents and/or owners of property in
Washington County, 1.
Pennsylvania for damages arising from Defendants oil and/or
natural gas drilling, exploration,
extraction, pipeline construction, transportation, and related
acts and/or omissions described
more fully below.
-
4
Plaintiffs, Plaintiffs homes, Plaintiffs properties, and
Plaintiffs quality of life 2.
have all been, and continue to be injured, damaged, and
negatively impacted by Defendants acts
and/or omissions described herein, and Plaintiffs are no longer
able to enjoy their lives, and use
and enjoy their homes and properties in the way they previously
enjoyed prior to Defendants
acts and/or omissions, and Plaintiffs and Plaintiffs properties
have otherwise been damaged.
Additionally, Plaintiffs were fraudulently or unconscionably
misled or coerced 3.
into leasing their gas rights to Defendant Chesapeake
Appalachia,.
PARTIES
Plaintiffs Gary and Georgann Baumgardner, (hereinafter referred
to as 4.
Baumgardners) are individuals who own and reside at 47 Cardox
Road, Finleyville,
Pennsylvania, located in Union Township, Washington County.
Plaintiffs Antony and Rachel Cecchini, (hereinafter referred to
as Cecchinis) 5.
are individuals who formerly resided at 53 Cardox Road,
Finleyville, Pennsylvania, located in
Union Township, Washington County.
Plaintiffs Mieczyslaw Mickey and Sabine Gniadek, (hereinafter
referred to as 6.
Gnaideks) are individuals who own and reside at 20 Cardox Road,
Finleyville, Pennsylvania,
located in Union Township, Washington County.
Plaintiff George Simmons is an individual who owns and resides
at 53 Cardox 7.
Road, Finleyville, Pennsylvania, located in Union Township,
Washington County.
Defendant Chesapeake Appalachia, LLC (hereinafter referred to as
8.
Chesapeake) is a Foreign Limited Liability Company authorized to
conduct business within
the Commonwealth of Pennsylvania and a subsidiary of Chesapeake
Energy Corporation, an
Oklahoma Corporation with its primary place of business located
in Oklahoma City, Oklahoma.
-
5
Defendant Mason Dixon Energy, LLC (hereinafter referred to as
Mason Dixon 9.
Energy) is a Delaware Limited Liability Company, licensed to do
business in the state of
Pennsylvania
Defendant Matt a/k/a Matthew Aurilio (hereinafter referred to as
Matt Aurilio) 10.
is or was an employee of Mason Dixon Energy, LLC and acted as an
agent of Chesapeake,
employed or contracted to procure leases or other arrangements
to facilitate the operations of
Defendants at issue in this action.
Defendant EQT Production Company (hereinafter referred to as
EQT) is a 11.
Pennsylvania Corporation with its primary place of business at
625 Liberty Avenue, Suite 1700
Pittsburgh, Pennsylvania, Allegheny County.
Defendant EQT Midstream Services, LLC (hereinafter referred to
as EQT 12.
Midstream) is a Pennsylvania Limited Liability Company with its
primary place of business at
625 Liberty Avenue, Suite 1700 Pittsburgh, Pennsylvania,
Allegheny County.
Defendant Trax Farms, Inc. (hereinafter referred to as Trax
Farms) is a 13.
Pennsylvania Corporation with its primary place of business and
registered office at 528 Trax
Rd., Finleyville, Pennsylvania in Washington County.
Defendant Trax Farms is the landowner on whose property the
wells and pipelines 14.
at issue are located.
JURISDICTION AND VENUE
Jurisdiction and venue are proper in the Circuit Court of
Allegheny County 15.
because at least one Defendant has its registered office, and/or
principal place of business, and/or
regularly conducts business within Allegheny County, the harms
complained of occurred in the
Commonwealth of Pennsylvania and the Plaintiffs claims arise
under Pennsylvania law.
-
6
GENERAL ALLEGATIONS
Plaintiffs all have possessory interests in property in
Washington County, 16.
Pennsylvania.
Since living in Washington County, the Plaintiffs had come to
expect and enjoy 17.
the quiet, fresh air, fresh water, privacy, darkness of night,
and overall peacefulness of the area.
As a result of the Defendants natural gas exploration,
extraction, and related 18.
activities in close proximity to Plaintiffs properties,
Plaintiffs have suffered and continue to
suffer significant damages for which they are entitled to
compensation.
Prior to Defendants activities described herein, Plaintiffs had
not experienced 19.
any problems with air quality, emissions, noises, odors or any
other environmental issues
impacting the peaceful habitation of their properties.
Upon reasonable belief, Defendants Chesapeake, EQT, and EQT
Midstream are 20.
natural gas exploration, drilling, extraction, gathering and
processing companies, well site
operators, or otherwise affiliated with or conduct activities in
connection with, and/or in support
of the natural gas industry, including but not limited to
exploring, designing, constructing,
contracting, licensing, supplying, manufacturing, erecting,
assembling, leasing, authorizing,
drilling, fracking, extracting, operating, supervising, and/or
managing personnel, equipment,
vehicles, and/or machinery used in natural gas drilling,
completions, transportation, and
production (hereinafter referred to as Natural Gas
Activities).
Upon reasonable belief, in 2010 Defendants Chesapeake, Mason
Dixon Energy, 21.
and Matt Aurilio approached the Baumgardners and Gniadeks at
their homes regarding leasing
the mineral rights located under the properties identified above
to Chesapeake.
-
7
Upon reasonable belief, when Matt Aurilio approached the
Baumgardners and 22.
Gniadeks, Defendant Matt Aurilio made multiple
misrepresentations about the nature and extent
of the leases for Plaintiffs mineral rights.
Upon reasonable belief, Defendant Matt Aurilio stated to the
Baumgardners and 23.
Gniadeks that they wouldnt even know were here.
Upon reasonable belief, Defendant Matt Aurilio stated to
Plaintiffs that if 24.
Plaintiffs did not lease their rights to Chesapeake, Chesapeake
would simply take the gas anyway
without Plaintiffs having any recourse.
In particular, Defendant Matt Aurilio made misleading statements
about the effect 25.
of the arbitration clause, stating to at least one set of
Plaintiffs, the Baumgardners, that the clause
would never be an issue because any operations would be 2,000
feet underground.
The actions of Matt Aurilio in misleading the Baumgardners and
Gniadeks on 26.
behalf and for the benefit of Chesapeake are simply another
example of the rampant fraud
perpetrated by that company at the expense of Pennsylvania
landowners.
As outlined in a March 13, 2014 article published by ProPublica
entitled 27.
Chesapeake Energys $5 Billion Shuffle1, Chesapeake, along with
others, concocted and
implemented an elaborate scheme of deceit to impose inflated
deductions on royalty payments,
defraud rural lessors, like Plaintiffs, out of billions of
dollars, and hide its financial troubles from
investors and regulators.
Even former Pennsylvania Governor Tom Corbett has expressed
concerns about 28.
the lack of transparency and rampant misdirection employed by
Chesapeake, stating in a letter to
the chairman of the Bradford County Board of Commissioners, Doug
McLinko, that [our efforts
1 A copy of the full story is available at
http://www.propublica.org/article/chesapeake-energys-5-billion-shuffle
-
8
to receive straightforward answers from [from Chesapeake] have
led to even more
confusion.2
Concerns over Chesapeakes efforts to defraud Pennsylvania
landowners have 29.
been so pervasive as to lead Former Governor Corbett to urge the
Attorney General to examine
the issue.3
In or around October 2013, Defendant Chesapeake began drilling
wells on the 30.
property owned by Defendant Trax Farms and Plaintiffs became
acutely aware that the
assurances made by Defendants Matt Aurilio and Chesapeake were
patently false and that they
had essentially been sold a false bill of goods.
Plaintiffs properties are all in very close proximity to
Defendants oil and/or 31.
natural gas drilling, exploration, extraction, transportation,
and related activities.
Plaintiffs properties are all within approximately 485 and 920
feet from the well 32.
pad located on the property owned by Defendant Trax Farms and
reasonably believed to be
owned, operated, drilled, maintained, or otherwise controlled by
Defendant EQT.
The well pad identified in the preceding paragraph (hereinafter
referred to as 33.
Trax Farms Pad), to the best of Plaintiffs knowledge, currently
consists of 11 wells.
Defendants EQT and EQT Midstream (hereinafter sometimes referred
to 34.
collectively as EQT Defendants) are responsible for exploring,
contracting, licensing,
supplying, manufacturing, erecting, assembling, drilling,
fracking, extracting, operating,
supervising, and/or managing personnel, equipment, vehicles,
and/or machinery used in natural
2 These statements were made in a letter dated February 14, 2014
from then Pennsylvania Governor Tom Corbett to Chairman Doug
McLinko, attached hereto as Ex. A. 3 See the letter from Former
Governor Corbett to Robert Lawler, President and CEO of Chesapeake
Energy dated February 13, 2014, attached hereto as Ex. B.
-
9
gas drilling, completions, transportation, and production
(hereinafter referred to as Natural Gas
Activities).
At all times mentioned herein, in order to extract natural gas
from their wells, 35.
Defendants used a drilling process known as horizontal drilling
and hydraulic fracturing.
Hydraulic fracturing requires the discharge of enormous volumes
of hydraulic fracturing fluids
otherwise known as fracking fluid or drilling mud into the
ground under extreme pressure in
order to dislodge and discharge the gas contained under the
ground. The composition of
fracking fluid and/or drilling mud includes chemicals that are
known to be hazardous and
toxic.
The equipment, vehicles, machinery, and/or processes used in EQT
Defendants 36.
Natural Gas Activities include but are not limited to drill
rigs, pipes, pumps, valves, tanks,
engines, motors, compressors, trucks, other vehicles, condensate
tanks, storage tanks,
containment ponds, pits and/or separators (hereinafter referred
to Instrumentalities).
Defendants Natural Gas Activities, and specifically the
fracturing process, often 37.
releases emissions into the air, including but not limited to
various particulate matter, volatile
organic compounds, carbon monoxide, mono-nitrogen oxides, sulfur
dioxide, various hazardous
air pollutants, and other harmful emissions that often invade
Plaintiffs properties and
substantially contribute to Plaintiffs injuries and damages.
Defendants Natural Gas Activities and Instrumentalities
frequently produce 38.
releases, spills, emissions or discharges of hazardous gases and
materials, chemicals, and other
industrial/hazardous wastes.
EQT Defendants Natural Gas Activities use substantial gas and
diesel powered 39.
vehicles and engines, which produce frequent, substantial, and
harmful emissions and pollutants.
-
10
Due to Defendants Natural Gas Activities, the use of these
Instrumentalities, and other actions
and omissions near and on Defendants operations, Plaintiffs were
and continue to be forced to
breathe these emissions on a frequent basis, which substantially
contributes to Plaintiffs injuries
and damages.
In addition, on or around December 4, 2013, Plaintiff Mickey
Gniadek 40.
experienced extreme and dangerous levels of what was later
determined to be chlorine and
methane gas on his property, which caused him to develop
clinical signs of asphyxiation and
trauma due to being temporarily unable to breathe.
Since the incident described above, Plaintiffs have lived with
frequent and 41.
recurring concern and/or fear that being outside on their
property could result in serious injury to
their health as a result of the emissions from Defendants
operations.
EQT Defendants Natural Gas Activities use substantial gas and
diesel powered 42.
vehicles, engines, and other heavy machinery which produce
frequent, substantial, and excessive
noises. Due to Defendants Natural Gas Activities, the use of
these Instrumentalities, and other
actions and omissions near and on Defendants operations,
Plaintiffs were and continue to be
unable to sleep peacefully; and were and are otherwise annoyed
or disturbed on a frequent basis,
which substantially contributes to Plaintiffs injuries and
damages.
EQT Defendants Natural Gas Activities are largely conducted
without regard for 43.
Plaintiffs lives or ordinary schedules, often operating loud and
invasive equipment late into the
night and without regard for holidays or other times when
Plaintiffs might be outside on their
property.
-
11
Upon reasonable belief, EQT Defendants have, however, made
efforts to 44.
accommodate Defendant Trax Farms by suspending or limiting
operations during economically
important dates in Trax Farms schedule.
On multiple and frequent occasions, some Plaintiffs have
experienced noise 45.
levels, resulting from Defendant EQTs operations, inside their
homes in excess of 80 decibels.4
The noises emitted by EQTs operations frequently exceeds the
limitation on 46.
noise emissions prescribed in the Union Township Zoning
Ordinance, Ordinance No. 106,
1601.4.
Defendants EQTs Natural Gas Activities often result in the
flaring, burning, or 47.
otherwise venting of natural gas, which results in excessive
harmful emissions which frequently
invade Plaintiffs properties and substantially contribute to
Plaintiffs injuries and damages.
EQT Defendants Natural Gas Activities also frequently cause
fugitive emissions, 48.
which are essentially the release of natural gas and other
substances into the air. These fugitive
emissions frequently invade Plaintiffs properties and
substantially contribute to Plaintiffs
injuries and damages.
EQT Defendants Natural Gas Activities also frequently cause
excessive and 49.
offensive vibrations which can be observed and experienced on
Plaintiffs properties and in
Plaintiffs homes.
The vibrations caused by EQT Defendants Natural Gas Activities
violate Sec. 50.
1601.5 of the Union Township Zoning Ordinance.
4 According to the American Tinnitus Association, 80 decibels is
the level of noise emitted by the average alarm clock at a distance
of two feet. What Does Loud Mean?,
http://www.ata.org/for-patients/how-loud-too-loud (last visited
Feb. 23, 2015).
-
12
EQT Defendants Natural Gas Activities frequently produce
excessive and 51.
offensive odors which can be observed and experienced on
Plaintiffs properties.
The odors produced by EQT Defendants Natural Gas Activities
violate Sec. 52.
1601.6 of the Union Township Zoning Ordinance.
Upon reasonable belief, Defendants have long been aware of the
dangers and 53.
health risks posed by their Natural Gas Activities and the
Instrumentalities used therein.
In or around January 2014, Defendant EQT provided Plaintiffs
with a proposed 54.
Noise and Nuisance Easement. (hereinafter referred to as the
Easement)
The proposed Easement specifically seeks a right-of-way over
Plaintiffs 55.
properties for noise, dust, light, smoke, odors, fumes, soot or
other air pollution, vibrations,
adverse impacts or other conditions or nuisances which may
emanate from or be caused by
Grantees Operations.
At the time Defendant Trax Farms leased his property to
Chesapeake for 56.
construction and operation of the Instrumentalities at issue in
this case, Defendant Trax Farms
knew or should have known that the acts contemplated by the
lease would cause a nuisance and
interfere with Plaintiffs use and enjoyment of their
properties.
EQT Defendants Natural Gas Activities, acts, omissions, and
Instrumentalities 57.
are within EQT Defendants exclusive control, are dangerous, and
have caused grave harms to
Plaintiffs.
Upon reasonable belief, EQT Defendants are responsible for all
Natural Gas 58.
Activities, Instrumentalities, actions, and/or inactions and the
well pads identified above.
Due to EQT Defendants Natural Gas Activities, and other of
Defendants actions 59.
and omissions, individually, or collectively, Plaintiffs have
suffered and continue to suffer
-
13
significant damages to themselves, their properties, their
quality of life, and their rights to the use
and enjoyment of their properties for which they are entitled to
compensation.
EQT Defendants Natural Gas Activities, actions, and/or omissions
were 60.
effectuated by EQT Defendants, their employees, agents, service
providers, officers, directors,
assigns, and/or individuals under the control and/or direction
of EQT Defendants. As such, each
of them is liable for all harms and losses suffered by
Plaintiffs.
COUNT I PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF GARY
BAUMGARDNER vs. DEFENDANTS EQT, EQT MIDSTREAM,
CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)
Plaintiffs incorporate all preceding paragraphs above as if
fully set forth herein. 61.
Natural Gas Defendants, through their intentional, negligent,
and/or unreasonable 62.
Natural Gas Activities, acts, and/or omissions have frequently,
repeatedly, and substantially
interfered with Plaintiff Gary Baumgardners use and enjoyment of
his property through the
following, but not limited to the following:
a. releases, spills, emissions or discharges of hazardous gases,
chemicals, and
industrial/hazardous wastes which have frequently migrated to
Plaintiffs
property through the air;
b. emissions of potentially radioactive materials;
c. offensive and excessive noises;
d. offensive and excessive vibrations;
e. offensive and excessive odors and other emissions;
f. offensive and excessive sights and lights;
g. offensive, excessive, and abnormal truck traffic, emissions,
and mud resulting
from trucks and other vehicles and equipment;
-
14
h. other associated problems.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 63.
not waive his right to submit additional evidence of such issues
throughout the course of this
case.
Upon reasonable belief, Defendant Trax Farms agreed to or
participated in the 64.
choice of location of Defendants Chesapeakes and later EQT and
EQT Midstreams operations.
Upon reasonable belief, Defendant Trax Farms knew or should have
known, at 65.
the time it leased property to Chesapeake, and later EQT
Defendants for use in their Natural Gas
Activities, that the planned acts or omissions would result in
the harms that have been endured
and continue to be perpetrated against Plaintiff Gary
Baumgardner.
Because Defendant Trax Farms leased its property with actual or
constructive 66.
knowledge of the likelihood of injury to Plaintiff Gary
Baumgardner, it is liable for any and all
damages to Plaintiff Gary Baumgardner resulting from the acts or
omissions by remaining
Defendants on its property.
As a proximate result of Natural Gas Defendants Natural Gas
Activities, acts, 67.
and/or omissions, Plaintiff Gary Baumgardner has suffered
frequent, substantial, and significant
impairment to his use and enjoyment of his property, including,
but not limited to some or all of
the following: property damage, substantial discomfort,
inconvenience, annoyance, offense to the
senses, loss of peace of mind, distress, disgust, embarrassment,
fear, apprehension, concern,
difficulty sleeping, health concerns, deprivation of the ability
to further develop his property,
destruction of the serenity of his property, and concern for or
actual damage to the air quality, for
which he is entitled to compensation.
-
15
Natural Gas Defendants conduct has been so egregious as to drive
Plaintiff Gary 68.
Baumgardner from his home and effectively make his property
unlivable.
EQT Defendants, aware of the inconvenience and annoyance
inflicted on Plaintiff 69.
Gary Baumgardner, agreed to put Plaintiff in a hotel, which he
endured for three months during
the winter of 2013-14, until Plaintiff insisted on returning to
his home.
EQT Defendants conduct constitutes a frequent and continued
temporary 70.
nuisance to Plaintiff Gary Baumgardner.
EQT Defendants, including their officers, agents, and/or
employees knew or 71.
should have been substantially certain that their Natural Gas
Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff
Gary Baumgardner.
Each of the aforesaid frequent or repeating injurious conditions
created by EQT 72.
Defendants are reasonably and practicably abatable through
better operation, procedures,
management, repair, technology, oversight, maintenance, or
otherwise.
However, EQT Defendants have failed to take known reasonable,
practicable, and 73.
necessary steps to abate, minimize, or eliminate such
conditions.
EQT Defendants Natural Gas Activities, acts and/or omissions,
and use of 74.
property have been and continue to be unreasonable and
abnormally dangerous.
EQT Defendants have repeatedly concealed the dangerous nature of
their 75.
Natural Gas Activities and the impact these activities have upon
nearby landowners and the
environment.
As a result, EQT Defendants are liable for all of the damages
and injuries to 76.
Plaintiff Gary Baumgardner caused by their repeated acts and/or
omissions and natural gas
exploration activities, and their failure to abate such
nuisances.
-
16
Further, some or all of the EQT Defendants Natural Gas
Activities, acts, and/or 77.
omissions, including those of its officers, agents, contractors,
and/or employees, were intentional
and/or grossly, recklessly, and/or wantonly negligent, and were
done with utter disregard for
Plaintiff Gary Baumgardners rights and therefore, Plaintiff Gary
Baumgardner is entitled to an
award of punitive damages.
WHEREFORE, Plaintiff Gary Baumgardner prays for judgment,
jointly and severally,
against Defendants Chesapeake, Trax Farms, EQT, and EQT
Midstream awarding Plaintiff Gary
Baumgardner actual damages in a fair and reasonable sum and in
an amount to be determined at
trial by jury sufficient to compensate Plaintiff Gary
Baumgardner for the interference of his right
to the use and quiet enjoyment of his property; for punitive
damages to be determined at trial in
an amount set by law or the trier of fact sufficient to punish
Defendants Chesapeake, Trax Farms,
EQT, and EQT Midstream for the above-described conduct and to
deter others from like
conduct; that the costs of this action be assessed against
Defendants; and for such other and
further relief as the Court may deem just and appropriate.
COUNT II PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF
GEORGANN BAUMGARDNER vs. DEFENDANTS EQT, EQT
MIDSTREAM, CHESAPEAKE AND TRAX FARMS (NATURAL GAS
DEFENDANTS)
Plaintiffs incorporate all preceding paragraphs above as if
fully set forth herein. 78.
Natural Gas Defendants, through their intentional, negligent,
and/or unreasonable 79.
Natural Gas Activities, acts, and/or omissions have frequently,
repeatedly, and substantially
interfered with Plaintiff Georgann Baumgardners use and
enjoyment of her property through the
following, but not limited to the following:
-
17
a. releases, spills, emissions or discharges of hazardous gases,
chemicals, and
industrial/hazardous wastes which have frequently migrated to
Plaintiffs
property through the air;
b. emissions of potentially radioactive materials;
c. offensive and excessive noises;
d. offensive and excessive vibrations;
e. offensive and excessive odors and other emissions;
f. offensive and excessive sights and lights;
g. offensive, excessive, and abnormal truck traffic, emissions,
and mud resulting
from trucks and other vehicles and equipment;
h. other associated problems.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 80.
not waive her right to submit additional evidence of such issues
throughout the course of this
case.
Upon reasonable belief, Defendant Trax Farms agreed to or
participated in the 81.
choice of location of Defendants Chesapeakes and later EQT and
EQT Midstreams operations.
Upon reasonable belief, Defendant Trax Farms knew or should have
known, at 82.
the time it leased property to Chesapeake, and later EQT
Defendants for use in their Natural Gas
Activities, that the planned acts or omissions would result in
the harms that have been endured
and continue to be perpetrated against Plaintiff Georgann
Baumgardner.
Because Defendant Trax Farms leased its property with actual or
constructive 83.
knowledge of the likelihood of injury to Plaintiff Georgann
Baumgardner, it is liable for any and
-
18
all damages to Plaintiff Georgann Baumgardner resulting from the
acts or omissions by
remaining Defendants on its property.
As a proximate result of Natural Gas Defendants Natural Gas
Activities, acts, 84.
and/or omissions, Plaintiff Georgann Baumgardner has suffered
frequent, substantial, and
significant impairment to her use and enjoyment of her property,
including, but not limited to
some or all of the following: property damage, substantial
discomfort, inconvenience,
annoyance, offense to the senses, loss of peace of mind,
distress, disgust, embarrassment, fear,
apprehension, concern, difficulty sleeping, health concerns,
deprivation of the ability to further
develop her property, destruction of the serenity of her
property, and concern for or actual
damage to the air quality, for which she is entitled to
compensation.
Natural Gas Defendants conduct has been so egregious as to drive
Plaintiff 85.
Georgann Baumgardner from her home and effectively make her
property unlivable.
EQT Defendants, aware of the inconvenience and annoyance
inflicted on Plaintiff 86.
Georgann Baumgardner, agreed to put Plaintiff in a hotel, which
she endured for three months
during the winter of 2013-14, until Plaintiff insisted on
returning to her home
EQT Defendants conduct constitutes a frequent and continued
temporary 87.
nuisance to Plaintiff Georgann Baumgardner.
EQT Defendants, including their officers, agents, and/or
employees knew or 88.
should have been substantially certain that their Natural Gas
Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff
Georgann Baumgardner.
Each of the aforesaid frequent or repeating injurious conditions
created by EQT 89.
Defendants are reasonably and practicably abatable through
better operation, procedures,
management, repair, technology, oversight, maintenance, or
otherwise.
-
19
However, EQT Defendants have failed to take known reasonable,
practicable, and 90.
necessary steps to abate, minimize, or eliminate such
conditions.
EQT Defendants Natural Gas Activities, acts and/or omissions,
and use of 91.
property have been and continue to be unreasonable and
abnormally dangerous.
EQT Defendants have repeatedly concealed the dangerous nature of
their 92.
Natural Gas Activities and the impact these activities have upon
nearby landowners and the
environment.
As a result, EQT Defendants are liable for all of the damages
and injuries to 93.
Plaintiff Georgann Baumgardner caused by their repeated acts
and/or omissions and natural gas
exploration activities, and their failure to abate such
nuisances.
Further, some or all of the EQT Defendants Natural Gas
Activities, acts, and/or 94.
omissions, including those of its officers, agents, contractors,
and/or employees, were intentional
and/or grossly, recklessly, and/or wantonly negligent, and were
done with utter disregard for
Plaintiff Georgann Baumgardners rights and therefore, Plaintiff
Georgann Baumgardner is
entitled to an award of punitive damages.
WHEREFORE, Plaintiff Georgann Baumgardner prays for judgment,
jointly and
severally, against Defendants Chesapeake, Trax Farms, EQT, and
EQT Midstream awarding
Plaintiff Georgann Baumgardner actual damages in a fair and
reasonable sum and in an amount
to be determined at trial by jury sufficient to compensate
Plaintiff Georgann Baumgardner for the
interference of her right to the use and quiet enjoyment of her
property; for punitive damages to
be determined at trial in an amount set by law or the trier of
fact sufficient to punish Defendants
Chesapeake, Trax Farms, EQT, and EQT Midstream for the
above-described conduct and to
-
20
deter others from like conduct; that the costs of this action be
assessed against Defendants; and
for such other and further relief as the Court may deem just and
appropriate.
COUNT III PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF RACHEL
CECCHINI vs. DEFENDANTS EQT, EQT MIDSTREAM,
CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)
Plaintiffs incorporate all preceding paragraphs above as if
fully set forth herein. 95.
Natural Gas Defendants, through their intentional, negligent,
and/or unreasonable 96.
Natural Gas Activities, acts, and/or omissions have frequently,
repeatedly, and substantially
interfered with Plaintiff Rachel Cecchinis use and enjoyment of
her property through the
following, but not limited to the following:
a. releases, spills, emissions or discharges of hazardous gases,
chemicals, and
industrial/hazardous wastes which have frequently migrated to
Plaintiffs
property through the air;
b. emissions of potentially radioactive materials;
c. offensive and excessive noises;
d. offensive and excessive vibrations;
e. offensive and excessive odors and other emissions;
f. offensive and excessive sights and lights;
g. offensive, excessive, and abnormal truck traffic, emissions,
and mud resulting
from trucks and other vehicles and equipment;
h. other associated problems.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 97.
not waive her right to submit additional evidence of such issues
throughout the course of this
case.
-
21
Upon reasonable belief, Defendant Trax Farms agreed to or
participated in the 98.
choice of location of Defendants Chesapeakes and later EQT and
EQT Midstreams operations.
Upon reasonable belief, Defendant Trax Farms knew or should have
known, at 99.
the time it leased property to Chesapeake, and later EQT
Defendants for use in their Natural Gas
Activities, that the planned acts or omissions would result in
the harms that have been endured
and continue to be perpetrated against Plaintiff Rachel
Cecchini.
Because Defendant Trax Farms leased its property with actual or
constructive 100.
knowledge of the likelihood of injury to Plaintiff Rachel
Cecchini, it is liable for any and all
damages to Plaintiff Rachel Cecchini resulting from the acts or
omissions by remaining
Defendants on its property.
As a proximate result of Natural Gas Defendants Natural Gas
Activities, acts, 101.
and/or omissions, Plaintiff Rachel Cecchini has suffered
frequent, substantial, and significant
impairment to her use and enjoyment of her property, including,
but not limited to some or all of
the following: property damage, substantial discomfort,
inconvenience, annoyance, offense to the
senses, loss of peace of mind, distress, disgust, embarrassment,
fear, apprehension, concern,
difficulty sleeping, health concerns, and concern for or actual
damage to the air quality where
she was residing, for which she is entitled to compensation.
Specifically, Plaintiff Rachel Cecchini was forced to leave the
property she was 102.
residing at because of fears for the health of herself and her
unborn child as a result of Natural
Gas Defendants actions.
Natural Gas Defendants conduct has been so egregious as to drive
Plaintiff 103.
Rachel Cecchini from her home and effectively make her property
unlivable.
-
22
EQT Defendants conduct constitutes a frequent and continued
temporary 104.
nuisance to Plaintiff Rachel Cecchini.
EQT Defendants, including their officers, agents, and/or
employees knew or 105.
should have been substantially certain that their Natural Gas
Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff
Rachel Cecchini.
Each of the aforesaid frequent or repeating injurious conditions
created by EQT 106.
Defendants are reasonably and practicably abatable through
better operation, procedures,
management, repair, technology, oversight, maintenance, or
otherwise.
However, EQT Defendants have failed to take known reasonable,
practicable, and 107.
necessary steps to abate, minimize, or eliminate such
conditions.
EQT Defendants Natural Gas Activities, acts and/or omissions,
and use of 108.
property have been and continue to be unreasonable and
abnormally dangerous.
EQT Defendants have repeatedly concealed the dangerous nature of
their 109.
Natural Gas Activities and the impact these activities have upon
nearby landowners and the
environment.
As a result, EQT Defendants are liable for all of the damages
and injuries to 110.
Plaintiff Rachel Cecchini caused by their repeated acts and/or
omissions and natural gas
exploration activities, and their failure to abate such
nuisances.
Further, some or all of the EQT Defendants Natural Gas
Activities, acts, and/or 111.
omissions, including those of its officers, agents, contractors,
and/or employees, were intentional
and/or grossly, recklessly, and/or wantonly negligent, and were
done with utter disregard for
Plaintiff Rachel Cecchinis rights and therefore, Plaintiff
Rachel Cecchini is entitled to an award
of punitive damages.
-
23
WHEREFORE, Plaintiff Rachel Cecchini prays for judgment, jointly
and severally,
against Defendants Chesapeake, Trax Farms, EQT, and EQT
Midstream awarding Plaintiff
Rachel Cecchini actual damages in a fair and reasonable sum and
in an amount to be determined
at trial by jury sufficient to compensate Plaintiff Rachel
Cecchini for the interference of her right
to the use and quiet enjoyment of her property; for punitive
damages to be determined at trial in
an amount set by law or the trier of fact sufficient to punish
Defendants Chesapeake, Trax Farms,
EQT, and EQT Midstream for the above-described conduct and to
deter others from like
conduct; that the costs of this action be assessed against
Defendants; and for such other and
further relief as the Court may deem just and appropriate.
COUNT IV PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF ANTONY
CECCHINI vs. DEFENDANTS EQT, EQT MIDSTREAM,
CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)
Plaintiffs incorporate all preceding paragraphs above as if
fully set forth herein. 112.
Natural Gas Defendants, through their intentional, negligent,
and/or unreasonable 113.
Natural Gas Activities, acts, and/or omissions have frequently,
repeatedly, and substantially
interfered with Plaintiff Antony Cecchinis use and enjoyment of
his property through the
following, but not limited to the following:
a. releases, spills, emissions or discharges of hazardous gases,
chemicals, and
industrial/hazardous wastes which have frequently migrated to
Plaintiffs
property through the air;
b. emissions of potentially radioactive materials;
c. offensive and excessive noises;
d. offensive and excessive vibrations;
e. offensive and excessive odors and other emissions;
-
24
f. offensive and excessive sights and lights;
g. offensive, excessive, and abnormal truck traffic, emissions,
and mud resulting
from trucks and other vehicles and equipment;
h. other associated problems.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 114.
not waive his right to submit additional evidence of such issues
throughout the course of this
case.
Upon reasonable belief, Defendant Trax Farms agreed to or
participated in the 115.
choice of location of Defendants Chesapeakes and later EQT and
EQT Midstreams operations.
Upon reasonable belief, Defendant Trax Farms knew or should have
known, at 116.
the time it leased property to Chesapeake, and later EQT
Defendants for use in their Natural Gas
Activities, that the planned acts or omissions would result in
the harms that have been endured
and continue to be perpetrated against Plaintiff Antony
Cecchini.
Because Defendant Trax Farms leased its property with actual or
constructive 117.
knowledge of the likelihood of injury to Plaintiff Antony
Cecchini, it is liable for any and all
damages to Plaintiff Antony Cecchini resulting from the acts or
omissions by remaining
Defendants on its property.
As a proximate result of Natural Gas Defendants Natural Gas
Activities, acts, 118.
and/or omissions, Plaintiff Antony Cecchini has suffered
frequent, substantial, and significant
impairment to his use and enjoyment of his property, including,
but not limited to some or all of
the following: property damage, substantial discomfort,
inconvenience, annoyance, offense to the
senses, loss of peace of mind, distress, disgust, embarrassment,
fear, apprehension, concern,
-
25
difficulty sleeping, health concerns, and concern for or actual
damage to the air quality at the
property where he resided, for which he is entitled to
compensation.
Specifically, Plaintiff Antony Cecchini was forced to leave the
property he was 119.
residing at because of fears for the health of himself and his
unborn child as a result of Natural
Gas Defendants actions.
Natural Gas Defendants conduct has been so egregious as to drive
Plaintiff 120.
Antony Cecchini from his home and effectively make his property
unlivable.
EQT Defendants conduct constitutes a frequent and continued
temporary 121.
nuisance to Plaintiff Antony Cecchini.
EQT Defendants, including their officers, agents, and/or
employees knew or 122.
should have been substantially certain that their Natural Gas
Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff
Antony Cecchini.
Each of the aforesaid frequent or repeating injurious conditions
created by EQT 123.
Defendants are reasonably and practicably abatable through
better operation, procedures,
management, repair, technology, oversight, maintenance, or
otherwise.
However, EQT Defendants have failed to take known reasonable,
practicable, and 124.
necessary steps to abate, minimize, or eliminate such
conditions.
EQT Defendants Natural Gas Activities, acts and/or omissions,
and use of 125.
property have been and continue to be unreasonable and
abnormally dangerous.
EQT Defendants have repeatedly concealed the dangerous nature of
their 126.
Natural Gas Activities and the impact these activities have upon
nearby landowners and the
environment.
-
26
As a result, EQT Defendants are liable for all of the damages
and injuries to 127.
Plaintiff Antony Cecchini caused by their repeated acts and/or
omissions and natural gas
exploration activities, and their failure to abate such
nuisances.
Further, some or all of the EQT Defendants Natural Gas
Activities, acts, and/or 128.
omissions, including those of its officers, agents, contractors,
and/or employees, were intentional
and/or grossly, recklessly, and/or wantonly negligent, and were
done with utter disregard for
Plaintiff Antony Cecchinis rights and therefore, Plaintiff
Antony Cecchini is entitled to an
award of punitive damages.
WHEREFORE, Plaintiff Antony Cecchini prays for judgment, jointly
and severally,
against Defendants Chesapeake, Trax Farms, EQT, and EQT
Midstream awarding Plaintiff
Antony Cecchini actual damages in a fair and reasonable sum and
in an amount to be determined
at trial by jury sufficient to compensate Plaintiff Antony
Cecchini for the interference of his right
to the use and quiet enjoyment of his property; for punitive
damages to be determined at trial in
an amount set by law or the trier of fact sufficient to punish
Defendants Chesapeake, Trax Farms,
EQT, and EQT Midstream for the above-described conduct and to
deter others from like
conduct; that the costs of this action be assessed against
Defendants; and for such other and
further relief as the Court may deem just and appropriate.
COUNT V PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF MICKEY
GNIADEK vs. DEFENDANTS EQT, EQT MIDSTREAM,
CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)
Plaintiffs incorporate all preceding paragraphs above as if
fully set forth herein. 129.
Natural Gas Defendants, through their intentional, negligent,
and/or unreasonable 130.
Natural Gas Activities, acts, and/or omissions have frequently,
repeatedly, and substantially
-
27
interfered with Plaintiff Mickey Gniadeks use and enjoyment of
his property through the
following, but not limited to the following:
a. releases, spills, emissions or discharges of hazardous gases,
chemicals, and
industrial/hazardous wastes which have frequently migrated to
Plaintiffs
property through the air;
b. emissions of potentially radioactive materials;
c. offensive and excessive noises;
d. offensive and excessive vibrations;
e. offensive and excessive odors and other emissions;
f. offensive and excessive sights and lights;
g. offensive, excessive, and abnormal truck traffic, emissions,
and mud resulting
from trucks and other vehicles and equipment;
h. other associated problems.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 131.
not waive his right to submit additional evidence of such issues
throughout the course of this
case.
Upon reasonable belief, Defendant Trax Farms agreed to or
participated in the 132.
choice of location of Defendants Chesapeakes and later EQT and
EQT Midstreams operations.
Upon reasonable belief, Defendant Trax Farms knew or should have
known, at 133.
the time it leased property to Chesapeake, and later EQT
Defendants for use in their Natural Gas
Activities, that the planned acts or omissions would result in
the harms that have been endured
and continue to be perpetrated against Plaintiff Mickey
Gniadek.
-
28
Because Defendant Trax Farms leased its property with actual or
constructive 134.
knowledge of the likelihood of injury to Plaintiff Mickey
Gniadek, it is liable for any and all
damages to Plaintiff Mickey Gniadek resulting from the acts or
omissions by remaining
Defendants on its property.
As a proximate result of Natural Gas Defendants Natural Gas
Activities, acts, 135.
and/or omissions, Plaintiff Mickey Gniadek has suffered
frequent, substantial, and significant
impairment to his use and enjoyment of his property, including,
but not limited to some or all of
the following: property damage, substantial discomfort,
inconvenience, annoyance, offense to the
senses, loss of peace of mind, distress, disgust, embarrassment,
fear, apprehension, concern,
difficulty sleeping, health concerns, deprivation of the ability
to further develop his property,
destruction of the serenity of his property, and concern for or
actual damage to the air quality, for
which he is entitled to compensation.
Natural Gas Defendants conduct has been so egregious as to
effectively make 136.
Plaintiff Mickey Gniadeks property unlivable.
EQT Defendants conduct constitutes a frequent and continued
temporary 137.
nuisance to Plaintiff Mickey Gniadek.
EQT Defendants, including their officers, agents, and/or
employees knew or 138.
should have been substantially certain that their Natural Gas
Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff
Mickey Gniadek.
Each of the aforesaid frequent or repeating injurious conditions
created by EQT 139.
Defendants are reasonably and practicably abatable through
better operation, procedures,
management, repair, technology, oversight, maintenance, or
otherwise.
However, EQT Defendants have failed to take known reasonable,
practicable, and 140.
-
29
necessary steps to abate, minimize, or eliminate such
conditions.
EQT Defendants Natural Gas Activities, acts and/or omissions,
and use of 141.
property have been and continue to be unreasonable and
abnormally dangerous.
EQT Defendants have repeatedly concealed the dangerous nature of
their 142.
Natural Gas Activities and the impact these activities have upon
nearby landowners and the
environment.
As a result, EQT Defendants are liable for all of the damages
and injuries to 143.
Plaintiff Mickey Gniadek caused by their repeated acts and/or
omissions and natural gas
exploration activities, and their failure to abate such
nuisances.
Further, some or all of the EQT Defendants Natural Gas
Activities, acts, and/or 144.
omissions, including those of its officers, agents, contractors,
and/or employees, were intentional
and/or grossly, recklessly, and/or wantonly negligent, and were
done with utter disregard for
Plaintiff Mickey Gniadeks rights and therefore, Plaintiff Mickey
Gniadek is entitled to an award
of punitive damages.
WHEREFORE, Plaintiff Mickey Gniadek prays for judgment, jointly
and severally,
against Defendants Chesapeake, Trax Farms, EQT, and EQT
Midstream awarding Plaintiff
Mickey Gniadek actual damages in a fair and reasonable sum and
in an amount to be determined
at trial by jury sufficient to compensate Plaintiff Mickey
Gniadek for the interference of his right
to the use and quiet enjoyment of his property; for punitive
damages to be determined at trial in
an amount set by law or the trier of fact sufficient to punish
Defendants Chesapeake, Trax Farms,
EQT, and EQT Midstream for the above-described conduct and to
deter others from like
conduct; that the costs of this action be assessed against
Defendants; and for such other and
further relief as the Court may deem just and appropriate.
-
30
COUNT VI PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF SABINE
GNIADEK vs. DEFENDANTS EQT, EQT MIDSTREAM,
CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)
Plaintiffs incorporate all preceding paragraphs above as if
fully set forth herein. 145.
Natural Gas Defendants, through their intentional, negligent,
and/or unreasonable 146.
Natural Gas Activities, acts, and/or omissions have frequently,
repeatedly, and substantially
interfered with Plaintiff Sabine Gniadeks use and enjoyment of
her property through the
following, but not limited to the following:
a. releases, spills, emissions or discharges of hazardous gases,
chemicals, and
industrial/hazardous wastes which have frequently migrated to
Plaintiffs
property through the air;
b. emissions of potentially radioactive materials;
c. offensive and excessive noises;
d. offensive and excessive vibrations;
e. offensive and excessive odors and other emissions;
f. offensive and excessive sights and lights;
g. offensive, excessive, and abnormal truck traffic, emissions,
and mud resulting
from trucks and other vehicles and equipment;
h. other associated problems.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 147.
not waive her right to submit additional evidence of such issues
throughout the course of this
case.
Upon reasonable belief, Defendant Trax Farms agreed to or
participated in the 148.
choice of location of Defendants Chesapeakes and later EQT and
EQT Midstreams operations.
-
31
Upon reasonable belief, Defendant Trax Farms knew or should have
known, at 149.
the time it leased property to Chesapeake, and later EQT
Defendants for use in their Natural Gas
Activities, that the planned acts or omissions would result in
the harms that have been endured
and continue to be perpetrated against Plaintiff Sabine
Gniadek.
Because Defendant Trax Farms leased its property with actual or
constructive 150.
knowledge of the likelihood of injury to Plaintiff Sabine
Gniadek, it is liable for any and all
damages to Plaintiff Sabine Gniadek resulting from the acts or
omissions by remaining
Defendants on its property.
As a proximate result of Natural Gas Defendants Natural Gas
Activities, acts, 151.
and/or omissions, Plaintiff Sabine Gniadek has suffered
frequent, substantial, and significant
impairment to her use and enjoyment of her property, including,
but not limited to some or all of
the following: property damage, substantial discomfort,
inconvenience, annoyance, offense to the
senses, loss of peace of mind, distress, disgust, embarrassment,
fear, apprehension, concern,
difficulty sleeping, health concerns, deprivation of the ability
to further develop her property,
destruction of the serenity of her property, and concern for or
actual damage to the air quality,
for which he is entitled to compensation.
Natural Gas Defendants conduct has been so egregious as to drive
Plaintiff 152.
Sabine Gniadek from her home and effectively make her property
unlivable.
EQT Defendants conduct constitutes a frequent and continued
temporary 153.
nuisance to Plaintiff Sabine Gniadek.
EQT Defendants, including their officers, agents, and/or
employees knew or 154.
should have been substantially certain that their Natural Gas
Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff
Sabine Gniadek.
-
32
Each of the aforesaid frequent or repeating injurious conditions
created by EQT 155.
Defendants are reasonably and practicably abatable through
better operation, procedures,
management, repair, technology, oversight, maintenance, or
otherwise.
However, EQT Defendants have failed to take known reasonable,
practicable, and 156.
necessary steps to abate, minimize, or eliminate such
conditions.
EQT Defendants Natural Gas Activities, acts and/or omissions,
and use of 157.
property have been and continue to be unreasonable and
abnormally dangerous.
EQT Defendants have repeatedly concealed the dangerous nature of
their 158.
Natural Gas Activities and the impact these activities have upon
nearby landowners and the
environment.
As a result, EQT Defendants are liable for all of the damages
and injuries to 159.
Plaintiff Sabine Gniadek caused by their repeated acts and/or
omissions and natural gas
exploration activities, and their failure to abate such
nuisances.
Further, some or all of the EQT Defendants Natural Gas
Activities, acts, and/or 160.
omissions, including those of its officers, agents, contractors,
and/or employees, were intentional
and/or grossly, recklessly, and/or wantonly negligent, and were
done with utter disregard for
Plaintiff Sabine Gniadeks rights and therefore, Plaintiff Sabine
Gniadek is entitled to an award
of punitive damages.
WHEREFORE, Plaintiff Sabine Gniadek prays for judgment, jointly
and severally,
against Defendants Chesapeake, Trax Farms, EQT, and EQT
Midstream awarding Plaintiff
Sabine Gniadek actual damages in a fair and reasonable sum and
in an amount to be determined
at trial by jury sufficient to compensate Plaintiff Sabine
Gniadek for the interference of her right
to the use and quiet enjoyment of her property; for punitive
damages to be determined at trial in
-
33
an amount set by law or the trier of fact sufficient to punish
Defendants Chesapeake, Trax Farms,
EQT, and EQT Midstream for the above-described conduct and to
deter others from like
conduct; that the costs of this action be assessed against
Defendants; and for such other and
further relief as the Court may deem just and appropriate.
COUNT VII PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF GEORGE
SIMMONS vs. DEFENDANTS EQT, EQT MIDSTREAM,
CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)
Plaintiffs incorporate all preceding paragraphs above as if
fully set forth herein. 161.
Natural Gas Defendants, through their intentional, negligent,
and/or unreasonable 162.
Natural Gas Activities, acts, and/or omissions have frequently,
repeatedly, and substantially
interfered with Plaintiff George Simmons use and enjoyment of
his property through the
following, but not limited to the following:
a. releases, spills, emissions or discharges of hazardous gases,
chemicals, and
industrial/hazardous wastes which have frequently migrated to
Plaintiffs
property through the air;
b. emissions of potentially radioactive materials;
c. offensive and excessive noises;
d. offensive and excessive vibrations;
e. offensive and excessive odors and other emissions;
f. offensive and excessive sights and lights;
g. offensive, excessive, and abnormal truck traffic, emissions,
and mud resulting
from trucks and other vehicles and equipment;
h. other associated problems.
-
34
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 163.
not waive his right to submit additional evidence of such issues
throughout the course of this
case.
Upon reasonable belief, Defendant Trax Farms agreed to or
participated in the 164.
choice of location of Defendants Chesapeakes and later EQT and
EQT Midstreams operations.
Upon reasonable belief, Defendant Trax Farms knew or should have
known, at 165.
the time it leased property to Chesapeake, and later EQT
Defendants for use in their Natural Gas
Activities, that the planned acts or omissions would result in
the harms that have been endured
and continue to be perpetrated against Plaintiff George
Simmons.
Because Defendant Trax Farms leased its property with actual or
constructive 166.
knowledge of the likelihood of injury to Plaintiff George
Simmons, it is liable for any and all
damages to Plaintiff George Simmons resulting from the acts or
omissions by remaining
Defendants on its property.
As a proximate result of Natural Gas Defendants Natural Gas
Activities, acts, 167.
and/or omissions, Plaintiff George Simmons has suffered
frequent, substantial, and significant
impairment to his use and enjoyment of his property, including,
but not limited to some or all of
the following: property damage, substantial discomfort,
inconvenience, annoyance, offense to the
senses, loss of peace of mind, distress, disgust, embarrassment,
fear, apprehension, concern,
difficulty sleeping, health concerns, deprivation of the ability
to further develop his property,
destruction of the serenity of his property, and concern for or
actual damage to the air quality, for
which he is entitled to compensation.
Natural Gas Defendants conduct has been so egregious as to
effectively make 168.
Plaintiff George Simmonss property unlivable.
-
35
EQT Defendants conduct constitutes a frequent and continued
temporary 169.
nuisance to Plaintiff George Simmons.
EQT Defendants, including their officers, agents, and/or
employees knew or 170.
should have been substantially certain that their Natural Gas
Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff
George Simmons.
Each of the aforesaid frequent or repeating injurious conditions
created by EQT 171.
Defendants are reasonably and practicably abatable through
better operation, procedures,
management, repair, technology, oversight, maintenance, or
otherwise.
However, EQT Defendants have failed to take known reasonable,
practicable, and 172.
necessary steps to abate, minimize, or eliminate such
conditions.
EQT Defendants Natural Gas Activities, acts and/or omissions,
and use of 173.
property have been and continue to be unreasonable and
abnormally dangerous.
EQT Defendants have repeatedly concealed the dangerous nature of
their 174.
Natural Gas Activities and the impact these activities have upon
nearby landowners and the
environment.
As a result, EQT Defendants are liable for all of the damages
and injuries to 175.
Plaintiff George Simmons caused by their repeated acts and/or
omissions and natural gas
exploration activities, and their failure to abate such
nuisances.
Further, some or all of the EQT Defendants Natural Gas
Activities, acts, and/or 176.
omissions, including those of its officers, agents, contractors,
and/or employees, were intentional
and/or grossly, recklessly, and/or wantonly negligent, and were
done with utter disregard for
Plaintiff George Simmons rights and therefore, Plaintiff George
Simmons is entitled to an award
of punitive damages.
-
36
WHEREFORE, Plaintiff George Simmons prays for judgment, jointly
and severally,
against Defendants Chesapeake, Trax Farms, EQT, and EQT
Midstream awarding Plaintiff
George Simmons actual damages in a fair and reasonable sum and
in an amount to be determined
at trial by jury sufficient to compensate Plaintiff George
Simmons for the interference of his
right to the use and quiet enjoyment of his property; for
punitive damages to be determined at
trial in an amount set by law or the trier of fact sufficient to
punish Defendants Chesapeake, Trax
Farms, EQT, and EQT Midstream for the above-described conduct
and to deter others from like
conduct; that the costs of this action be assessed against
Defendants; and for such other and
further relief as the Court may deem just and appropriate.
COUNT VIII CONTINUING NEGLIGENCE (PLAINTIFF GARY BAUMGARDNER vs.
DEFENDANTS CHESAPEAKE, EQT, AND
EQT MIDSTREAM)
Plaintiffs incorporate the preceding paragraphs above as if
fully set forth below. 177.
Defendants Chesapeake, EQT, and EQT Midstream, at all times
relevant herein, 178.
owed the following duties of care in conducting their Natural
Gas Activities, acts, and/or
omissions:
a. to reasonably and responsibly own, operate, control, and
maintain their
Natural Gas Activities and Instrumentalities so as not to injure
Plaintiff,
Plaintiffs property or otherwise impair his use and enjoyment of
his property;
b. to prevent injury to others;
c. to exercise reasonable care to avoid foreseeable risk of
injury to others;
d. to take affirmative action to control or avoid increasing the
danger from a
condition that has been created by Defendants conduct;
-
37
e. to use ordinary care in protecting others from peril that is
under the
Defendants control;
f. to be responsible for all acts, omission, harms, and losses
occurring as part of
their Natural Gas Activities;
g. to ensure that Defendants operations, equipment, and trucking
activity do not
cause or contribute to a nuisance or contamination, including
noise, air, soil,
and water emissions;
h. to take all measures reasonably necessary to inform and
protect Plaintiff from
dangerous and/or unreasonable Natural Gas Activities;
i. to not unreasonably block or slow traffic;
j. to properly hire, train, manage, and supervise skilled
employees and
contractors;
k. to promptly repair any leaks in any structures or
Instrumentalities used in
Natural Gas Activities;
l. to conduct frequent and routine emissions monitoring;
m. to properly manage and dispose of residual waste from their
Natural Gas
Activities;
n. to properly manage their Natural Gas Activities and
Instrumentalities;
o. to ensure that Defendants Natural Gas Activities, acts,
omissions and/or
Instrumentalities do not cause or contribute to a nuisance or
contamination,
including noise, lights, vibrations, particulate matter, odors,
and emissions;
p. to operate their leases and well pads with reasonable
care;
q. to minimize the impacts of their Natural Gas Activities on
neighbors;
-
38
r. to mitigate noise, vibrations, and light;
s. to mitigate excessive odors;
t. to mitigate emissions;
u. to not cause damage to land or persons;
v. to prevent releases of hazardous, toxic, and/or radioactive
substances into the
air, land, and water; and
w. to follow all local, state, and federal law related to
Natural Gas Activities.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 179.
not waive his right to submit additional evidence of additional
duties throughout the course of
this case.
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 180.
agents, contractors, and/or employees, have frequently breached
these duties of care to Plaintiff
Gary Baumgardner, and were otherwise repeatedly and frequently
negligent, thereby directly and
proximately causing significant damages to Plaintiff Gary
Baumgardner for which he is entitled
to compensation.
Defendants Chesapeake, EQT, and EQT Midstream knew or should
have known 181.
that Defendants Natural Gas Activities, acts, omissions, and use
of Instrumentalities were
negligent.
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 182.
agents, and/or employees, should have taken reasonable
precautions and measures to prevent
and/or mitigate the problems caused by their Natural Gas
Activities, acts, omissions, and
Instrumentalities.
-
39
Further, the doctrine of res ipsa loquitor applies because (i)
the character of 183.
Plaintiffs injuries are such that they would not have occurred
without negligence, and (ii) the
instrumentality that caused Plaintiff Gary Baumgardners injuries
were under the sole
management and control of Defendants Chesapeake, EQT, and EQT
Midstream.
Further, some or all of the acts and/or omissions of Defendants
Chesapeake, EQT, 184.
and EQT Midstream described herein, including those of their
officers, agents, contractors,
and/or employees, were intentional and/or grossly, recklessly,
and/or wantonly negligent, and
were done with utter disregard for Plaintiff Gary Baumgardners
rights and therefore, Plaintiff
Gary Baumgardner is entitled to an award of punitive
damages.
WHEREFORE, Plaintiff Gary Baumgardner prays for judgment,
jointly and severally,
against Defendants Chesapeake, EQT, and EQT Midstream, awarding
Plaintiff Gary
Baumgardner actual damages in a fair and reasonable sum and in
an amount to be determined at
trial by jury sufficient to compensate Plaintiff Gary
Baumgardner for all of his injuries and
damages; for punitive damages to be determined at trial in an
amount set by law or the trier of
fact sufficient to punish Defendants Chesapeake, EQT, and EQT
Midstream, for the above-
described conduct and to deter others from like conduct; that
the costs of this action be assessed
against Defendants; and for such other and further relief as the
Court may deem just and
appropriate.
COUNT IX CONTINUING NEGLIGENCE (PLAINTIFF GEORGANN BAUMGARDNER
vs. DEFENDANTS CHESAPEAKE, EQT,
AND EQT MIDSTREAM)
Plaintiffs incorporate the preceding paragraphs above as if
fully set forth below. 185.
-
40
Defendants Chesapeake, EQT, and EQT Midstream, at all times
relevant herein, 186.
owed the following duties of care in conducting their Natural
Gas Activities, acts, and/or
omissions:
a. to reasonably and responsibly own, operate, control, and
maintain their
Natural Gas Activities and Instrumentalities so as not to injure
Plaintiff,
Plaintiffs property or otherwise impair her use and enjoyment of
her
property;
b. to prevent injury to others;
c. to exercise reasonable care to avoid foreseeable risk of
injury to others;
d. to take affirmative action to control or avoid increasing the
danger from a
condition that has been created by Defendants conduct;
e. to use ordinary care in protecting others from peril that is
under the
Defendants control;
f. to be responsible for all acts, omission, harms, and losses
occurring as part of
their Natural Gas Activities;
g. to ensure that Defendants operations, equipment, and trucking
activity do not
cause or contribute to a nuisance or contamination, including
noise, air, soil,
and water emissions;
h. to take all measures reasonably necessary to inform and
protect Plaintiff from
dangerous and/or unreasonable Natural Gas Activities;
i. to not unreasonably block or slow traffic;
j. to properly hire, train, manage, and supervise skilled
employees and
contractors;
-
41
k. to promptly repair any leaks in any structures or
Instrumentalities used in
Natural Gas Activities;
l. to conduct frequent and routine emissions monitoring;
m. to properly manage and dispose of residual waste from their
Natural Gas
Activities;
n. to properly manage their Natural Gas Activities and
Instrumentalities;
o. to ensure that Defendants Natural Gas Activities, acts,
omissions and/or
Instrumentalities do not cause or contribute to a nuisance or
contamination,
including noise, lights, vibrations, particulate matter, odors,
and emissions;
p. to operate their leases and well pads with reasonable
care;
q. to minimize the impacts of their Natural Gas Activities on
neighbors;
r. to mitigate noise, vibrations, and light;
s. to mitigate excessive odors;
t. to mitigate emissions;
u. to not cause damage to land or persons;
v. to prevent releases of hazardous, toxic, and/or radioactive
substances into the
air, land, and water; and
w. to follow all local, state, and federal law related to
Natural Gas Activities.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 187.
not waive her right to submit additional evidence of additional
duties throughout the course of
this case.
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 188.
agents, contractors, and/or employees, have frequently breached
these duties of care to Plaintiff
-
42
Georgann Baumgardner, and were otherwise repeatedly and
frequently negligent, thereby
directly and proximately causing significant damages to
Plaintiff Georgann Baumgardner for
which she is entitled to compensation.
Defendants Chesapeake, EQT, and EQT Midstream knew or should
have known 189.
that Defendants Natural Gas Activities, acts, omissions, and use
of Instrumentalities were
negligent.
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 190.
agents, and/or employees, should have taken reasonable
precautions and measures to prevent
and/or mitigate the problems caused by their Natural Gas
Activities, acts, omissions, and
Instrumentalities.
Further, the doctrine of res ipsa loquitor applies because (i)
the character of 191.
Plaintiffs injuries are such that they would not have occurred
without negligence, and (ii) the
instrumentality that caused Plaintiff Georgann Baumgardners
injuries were under the sole
management and control of Defendants Chesapeake, EQT, and EQT
Midstream.
Further, some or all of the acts and/or omissions of Defendants
Chesapeake, EQT, 192.
and EQT Midstream described herein, including those of their
officers, agents, contractors,
and/or employees, were intentional and/or grossly, recklessly,
and/or wantonly negligent, and
were done with utter disregard for Plaintiff Georgann
Baumgardners rights and therefore,
Plaintiff Georgann Baumgardner is entitled to an award of
punitive damages.
WHEREFORE, Plaintiff Georgann Baumgardner prays for judgment,
jointly and
severally, against Defendants Chesapeake, EQT, and EQT
Midstream, awarding Plaintiff
Georgann Baumgardner actual damages in a fair and reasonable sum
and in an amount to be
determined at trial by jury sufficient to compensate Plaintiff
Georgann Baumgardner for all of
-
43
her injuries and damages; for punitive damages to be determined
at trial in an amount set by law
or the trier of fact sufficient to punish Defendants Chesapeake,
EQT, and EQT Midstream, for
the above-described conduct and to deter others from like
conduct; that the costs of this action be
assessed against Defendants; and for such other and further
relief as the Court may deem just and
appropriate.
COUNT X CONTINUING NEGLIGENCE (PLAINTIFF RACHEL CECCHINI vs.
DEFENDANTS CHESAPEAKE, EQT, AND EQT
MIDSTREAM)
Plaintiffs incorporate the preceding paragraphs above as if
fully set forth below. 193.
Defendants Chesapeake, EQT, and EQT Midstream, at all times
relevant herein, 194.
owed the following duties of care in conducting their Natural
Gas Activities, acts, and/or
omissions:
a. to reasonably and responsibly own, operate, control, and
maintain their
Natural Gas Activities and Instrumentalities so as not to injure
Plaintiff or
otherwise impair her use and enjoyment of her property;
b. to prevent injury to others;
c. to exercise reasonable care to avoid foreseeable risk of
injury to others;
d. to take affirmative action to control or avoid increasing the
danger from a
condition that has been created by Defendants conduct;
e. to use ordinary care in protecting others from peril that is
under the
Defendants control;
f. to be responsible for all acts, omission, harms, and losses
occurring as part of
their Natural Gas Activities;
-
44
g. to ensure that Defendants operations, equipment, and trucking
activity do not
cause or contribute to a nuisance or contamination, including
noise, air, soil,
and water emissions;
h. to take all measures reasonably necessary to inform and
protect Plaintiff from
dangerous and/or unreasonable Natural Gas Activities;
i. to not unreasonably block or slow traffic;
j. to properly hire, train, manage, and supervise skilled
employees and
contractors;
k. to promptly repair any leaks in any structures or
Instrumentalities used in
Natural Gas Activities;
l. to conduct frequent and routine emissions monitoring;
m. to properly manage and dispose of residual waste from their
Natural Gas
Activities;
n. to properly manage their Natural Gas Activities and
Instrumentalities;
o. to ensure that Defendants Natural Gas Activities, acts,
omissions and/or
Instrumentalities do not cause or contribute to a nuisance or
contamination,
including noise, lights, vibrations, particulate matter, odors,
and emissions;
p. to operate their leases and well pads with reasonable
care;
q. to minimize the impacts of their Natural Gas Activities on
neighbors;
r. to mitigate noise, vibrations, and light;
s. to mitigate excessive odors;
t. to mitigate emissions;
u. to not cause damage to land or persons;
-
45
v. to prevent releases of hazardous, toxic, and/or radioactive
substances into the
air, land, and water; and
w. to follow all local, state, and federal law related to
Natural Gas Activities.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 195.
not waive her right to submit additional evidence of additional
duties throughout the course of
this case.
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 196.
agents, contractors, and/or employees, have frequently breached
these duties of care to Plaintiff
Rachel Cecchini, and were otherwise repeatedly and frequently
negligent, thereby directly and
proximately causing significant damages to Plaintiff Rachel
Cecchini for which she is entitled to
compensation.
Defendants Chesapeake, EQT, and EQT Midstream knew or should
have known 197.
that Defendants Natural Gas Activities, acts, omissions, and use
of Instrumentalities were
negligent.
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 198.
agents, and/or employees, should have taken reasonable
precautions and measures to prevent
and/or mitigate the problems caused by their Natural Gas
Activities, acts, omissions, and
Instrumentalities.
Further, the doctrine of res ipsa loquitor applies because (i)
the character of 199.
Plaintiffs injuries are such that they would not have occurred
without negligence, and (ii) the
instrumentality that caused Plaintiff Rachel Cecchinis injuries
were under the sole management
and control of Defendants Chesapeake, EQT, and EQT
Midstream.
-
46
Further, some or all of the acts and/or omissions of Defendants
Chesapeake, EQT, 200.
and EQT Midstream described herein, including those of their
officers, agents, contractors,
and/or employees, were intentional and/or grossly, recklessly,
and/or wantonly negligent, and
were done with utter disregard for Plaintiff Rachel Cecchinis
rights and therefore, Plaintiff
Rachel Cecchini is entitled to an award of punitive damages.
WHEREFORE, Plaintiff Rachel Cecchini prays for judgment, jointly
and severally,
against Defendants Chesapeake, EQT, and EQT Midstream, awarding
Plaintiff Rachel Cecchini
actual damages in a fair and reasonable sum and in an amount to
be determined at trial by jury
sufficient to compensate Plaintiff Rachel Cecchini for all of
her injuries and damages; for
punitive damages to be determined at trial in an amount set by
law or the trier of fact sufficient to
punish Defendants Chesapeake, EQT, and EQT Midstream, for the
above-described conduct and
to deter others from like conduct; that the costs of this action
be assessed against Defendants; and
for such other and further relief as the Court may deem just and
appropriate.
COUNT XI CONTINUING NEGLIGENCE (PLAINTIFF ANTONY CECCHINI vs.
DEFENDANTS CHESAPEAKE, EQT, AND EQT
MIDSTREAM)
Plaintiffs incorporate the preceding paragraphs above as if
fully set forth below. 201.
Defendants Chesapeake, EQT, and EQT Midstream, at all times
relevant herein, 202.
owed the following duties of care in conducting their Natural
Gas Activities, acts, and/or
omissions:
a. to reasonably and responsibly own, operate, control, and
maintain their
Natural Gas Activities and Instrumentalities so as not to injure
Plaintiff or
otherwise impair his use and enjoyment of his property;
b. to prevent injury to others;
-
47
c. to exercise reasonable care to avoid foreseeable risk of
injury to others;
d. to take affirmative action to control or avoid increasing the
danger from a
condition that has been created by Defendants conduct;
e. to use ordinary care in protecting others from peril that is
under the
Defendants control;
f. to be responsible for all acts, omission, harms, and losses
occurring as part of
their Natural Gas Activities;
g. to ensure that Defendants operations, equipment, and trucking
activity do not
cause or contribute to a nuisance or contamination, including
noise, air, soil,
and water emissions;
h. to take all measures reasonably necessary to inform and
protect the Plaintiff
from dangerous and/or unreasonable Natural Gas Activities;
i. to not unreasonably block or slow traffic;
j. to properly hire, train, manage, and supervise skilled
employees and
contractors;
k. to promptly repair any leaks in any structures or
Instrumentalities used in
Natural Gas Activities;
l. to conduct frequent and routine emissions monitoring;
m. to properly manage and dispose of residual waste from their
Natural Gas
Activities;
n. to properly manage their Natural Gas Activities and
Instrumentalities;
-
48
o. to ensure that Defendants Natural Gas Activities, acts,
omissions and/or
Instrumentalities do not cause or contribute to a nuisance or
contamination,
including noise, lights, vibrations, particulate matter, odors,
and emissions;
p. to operate their leases and well pads with reasonable
care;
q. to minimize the impacts of their Natural Gas Activities on
neighbors;
r. to mitigate noise, vibrations, and light;
s. to mitigate excessive odors;
t. to mitigate emissions;
u. to not cause damage to land or persons;
v. to prevent releases of hazardous, toxic, and/or radioactive
substances into the
air, land, and water; and
w. to follow all local, state, and federal law related to
Natural Gas Activities.
The aforementioned list is by no means exhaustive or exclusive,
and Plaintiff does 203.
not waive his right to submit additional evidence of additional
duties throughout the course of
this case.
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 204.
agents, contractors, and/or employees, have frequently breached
these duties of care to Plaintiff
Antony Cecchini, and were otherwise repeatedly and frequently
negligent, thereby directly and
proximately causing significant damages to Plaintiff Antony
Cecchini for which he is entitled to
compensation.
Defendants Chesapeake, EQT, and EQT Midstream knew or should
have known 205.
that Defendants Natural Gas Activities, acts, omissions, and use
of Instrumentalities were
negligent.
-
49
Defendants Chesapeake, EQT, and EQT Midstream, including their
officers, 206.
agents, and/or employees, should have taken reasonable
precautions and measures to prevent
and/or mitigate the problems caused by their Natural Gas
Activities, acts, omissions, and
Instrumentalities.
Further, the doctrine of res ipsa loquitor applies because (i)
the character of 207.
Plaintiffs injuries are such that they would not have occurred
without negligence, and (ii) the
instrumentality that caused Plaintiff Antony Cecchinis injuries
were under the sole management
and control of Defendants Chesapeake, EQT, and EQT
Midstream.
Further, some or all of the acts and/or omissions of Defendants
Chesapeake, EQT, 208.
and EQT Midstream described herein, including those of their
officers, agents, contractors,
and/or employees, were intentional and/or grossly, recklessly,
and/or wantonly negligent, and
were done with utter disregard for Plaintiff Antony Cecchinis
rights and therefore, Plaintiff
Antony Cecchini is entitled to an award of punitive damages.
WHEREFORE, Plaintiff Antony Cecchini prays for judgment, jointly
and severally,
against Defendants Chesapeake, EQT, and EQT Midstream, awarding
Plaintiff Antony Cecchini
actual damages in a fair and reasonable sum and in an amount to
be determined at trial by jury
sufficient to compensate Plaintiff Antony Cecchini for all of
his injuries and damages; for
punitive damages to be determined at trial in an amount set by
law or the trier of fact sufficient to
punish Defendants Chesapeake, EQT, and EQT Midstream, for the
above-described conduct and
to deter others from like conduct; that the costs of this action
be assessed against Defendants; and
for such other and further relief as the Court may deem just and
appropriate.
COUNT XII CONTINUING NEGLIGENCE (PLAINTIFF MICKEY GNIADEK vs.
DEFENDANTS CHESAPEAKE, EQT, AND EQT
MIDSTREAM)
-
50
Plaintiffs incorporate the preceding paragraphs above as if
fully set forth below. 209.
Defendants Chesapeake, EQT, and EQT Midstream, at all times
relevant herein, 210.
owed the following duties of care in conducting their Natural
Gas Activities, acts, and/or
omissions:
a. to reasonably and responsibly own, operate, control, and
maintain their
Natural Gas Activities and Instrumentalities so as not to injure
Plaintiff,
Plaintiffs property or otherwise impair his use and enjoyment of
his property;
b. to prevent injury to others;
c. to exercise reasonable care to avoid foreseeable risk of
injury to others;
d. to take affirmative action to control or avoid increasing the
danger from a
condition that has been created by Defendants conduct;
e. to use ordinary care in protecting others from peril that is
under the
Defendants control;
f. to be responsible for all acts, omission, harms, and losses
occurring as part of
their Natural Gas Activities;
g. to ensure that Defendants operations, equipment, and trucking
activity do not
cause or contribute to a nuisance or contamination, including
noise, air, soil,
and water emissions;
h. to take all measures reasonably necessary to inform and
protect Plaintiff from
dangerous and/or unreasonable Natural Gas Activities;
i. to not unreasonably block or slow traffic;
j. to properly hire, train, manage, and supervise skilled
employees and
contractors;
-
51
k. to promptly repair any leaks in any structures or
Instrumentalities used in
Natural Gas Activities;
l. to conduct frequent and routine emissions monitoring;
m. to properly manage and dispose of residual waste from their
Natural Gas
Activities;
n. to properly manage their Natural Gas Activities and
Instrumentalities;
o. to ensure that Defendants Natural Gas Activities, acts,
omissions and/or
Instrumentalities do not cause or contribute to a nuisance or
contamination,
including noise, lights, vibrations, particulate matter, odors,
and emissions;
p. to operate their leases and well pads with reasonable
care;
q. to minimize the impacts of their Natural Gas Activities on
neighbors;
r. to mitigate noise, vibrations, and light;
s. to mitigate excessive odors;
t. to mitigate emissions;
u. to not cause damage to land or persons;
v. to prevent releases of hazardous, toxic, and/or radioactive
substances into the
air, land, and water; and
w. to follow all local, state, and federal law related to
Natural Gas Activities.
The aforementioned list is by no means exhaust