WHEELING, WEST VIRGINIA – Chesapeake Appalachia, LLC, a subsidiary of Chesapeake Energy Corporation, was sentenced in December 2012 for knowingly violating federal environmental regulations related to natural gas drilling operations in Northern West Virginia. The case, investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, highlights a pattern of disregard for the Clean Water Act in the pursuit of Marcellus Shale development.
According to court documents, Chesapeake Appalachia pleaded guilty in October 2012 to three counts of “Unauthorized Discharge into a Water of the United States,” specifically admitting to dumping approximately 60 tons of crushed stone and gravel into Blake Fork, a protected waterway in Wetzel County, on multiple occasions in December 2008. The company then further exacerbated the environmental damage by deliberately spreading the material within the stream to create an access road for drilling equipment. This action directly violated the core principles of the Clean Water Act, which aims to protect the nation’s waterways from pollution.
The sentencing, handed down by Judge Frederick P. Stamp, Jr., included a $600,000 criminal fine and a two-year period of supervised release. While this represents a financial penalty, environmental advocates argue that it may not fully compensate for the ecological harm inflicted on Blake Fork and the surrounding wetlands. Separate violations involving improperly constructed impoundments in Marshall and Wetzel Counties will be addressed through ongoing civil penalties, indicating a broader pattern of non-compliance.
David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program, emphasized the severity of the offenses. “The defendants knowingly and repeatedly obliterated sensitive wetlands,” he stated. “Companies and their managers who try to skirt the law to save money undermine our efforts to protect the public and the environment.” The EPA’s investigation stemmed from citizen complaints and a series of inspections revealing eleven administrative compliance orders – all of which Chesapeake either adhered to or requested extensions for.
In response to the Chesapeake case and growing concerns over environmental impacts from energy extraction, U.S. Attorney William J. Ihlenfeld, II, announced the formation of the West Virginia Natural Resource Watch Group. This interagency task force, comprised of federal, state, and local authorities, is designed to enhance communication, share information, and coordinate enforcement efforts related to environmental laws. The group will prioritize violations of the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act (RCRA), as well as illegal hazardous waste disposal and threats to drinking water supplies.
The case serves as a stark reminder of the environmental risks associated with the rapid expansion of natural gas drilling and the importance of robust enforcement of environmental regulations. While Chesapeake has complied with administrative orders, the criminal convictions underscore the company’s deliberate disregard for the law and the potential for significant environmental damage. The formation of the West Virginia Natural Resource Watch Group signals a commitment to increased oversight and proactive protection of the state’s natural resources.
Key Facts
- Defendant: Chesapeake Appalachia, LLC
- Crime: Violations of the Clean Water Act (33 U.S.C. 1319(c)(1)(A) – Unauthorized Discharge into a Water of the United States) and 18 U.S.C. 1001 (making false statements to federal investigators)
- Location: Wetzel County, West Virginia
- Year: 2013 (Sentencing occurred in December 2012, stemming from actions in 2008)
- Penalty: $600,000 criminal fine and two years of supervised release. Separate civil penalties are being pursued for additional violations.
- Environmental Impact: Approximately 60 tons of crushed stone and gravel illegally discharged into Blake Fork, damaging sensitive wetlands.
Source: EPA ECHO Enforcement Case Database
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