Attorney General Michelle Henry has announced charges against Shell Falcon Pipeline LP for alleged violations of Pennsylvania’s Clean Streams Law. The charges relate to the construction of a 45-mile pipeline in western Pennsylvania.
The Office of Attorney General's investigation claims that Shell did not inform the state Department of Environmental Protection (DEP) about several issues encountered during horizontal directional drilling (HDD). It is alleged that there were instances where drilling mud, which can contain pollutants, was lost underground and sometimes surfaced in unintended areas.
The Environmental Crimes Section of the Office of Attorney General filed 13 misdemeanor charges at Magisterial District Judge Louis McQuillan’s office in Washington County. "Pennsylvania’s environmental laws are in place to keep families and communities safe from harm caused by major construction projects, such as pipelines," said Attorney General Henry. "This company chose to ignore those laws and kept quiet issues that should have been disclosed to prevent potential impacts."
Construction on the pipeline, passing through Washington, Allegheny, and Beaver Counties, began in January 2019. During HDD construction, drilling mud is used to lubricate the drill bit and stabilize the hole. However, this mud can escape through fractures or voids in the rock, potentially surfacing in wetlands or affecting groundwater.
Charging documents indicate that Shell contractors failed to report all “losses of circulation” or returns beyond the drill path to surface waters and wetlands to the DEP. Additionally, it is alleged that Shell did not install real-time data logging devices on its equipment as required by its permit.
Thirteen charges were filed: seven counts of unlawful conduct under the Clean Streams Law, three counts of prohibition against discharge of industrial wastes, and three counts of prohibition against other pollutions. The case will be prosecuted by the Office of Attorney General’s Environmental Crimes Section. All charges are accusations; Shell Falcon Pipeline LP is presumed innocent until proven guilty.