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By Steve Hvozdovich, Marcellus Campaign Coordinator
It’s great to see Pennsylvania Attorney General Kathleen Kane’s decision to prosecute XTO Energy for dumping more than 50,000 gallons of fracking wastewater in Lycoming County in 2010. This case is especially notable because it is the first time a Marcellus Shale company is facing criminal charges for their actions. For too long Pennsylvania Department of Environmental Protection (DEP) has let companies get away with little more than a slap on the wrist for actions that threaten and impact our rivers, lakes and streams. And our communities have suffered the consequences. It’s good to see Attorney General Kane is taking a more active role than Governor Corbett has and she should be commended for being serious about protecting clean water. Clean Water Action has been fighting for serious enforcement for violations for years. An examination of DEP’s enforcement practices we did in 2011 showed that only 7% of violations they issued received fines. The attorney general’s actions finally sends a message to companies that whether your actions are intentional or do to neglect you will be held accountable. Let’s hope it starts a trend. XTO originally blamed the incident on vandals and then changed the cause to an employee of the recycling company leaving a tank unplugged. It was also revealed that  XTO to take preventive measures like having someone on sight to oversee the contractor, or putting in place a secondary containment in case of a leak. Are those the actions of a company trying to implement good environmental practices? Industry is claiming that the charges will keep people from investing in Pennsylvania. This could be further from the truth – holding companies responsible for their actions is what our leaders are supposed to do. In reality, the real threat to people wanting to invest in Pennsylvania’s future is companies that pollute our water, violate our laws, and get away with it. I hope that this week’s announcement by the Attorney General means a new and overdue focus on how drilling for natural gas is done in Pennsylvania, a focus that concentrates more on creating an environment friendly to clean water not business.