Description: Class action lawsuit brought by West Virginia landowners against companies who allegedly failed to promptly plug abandoned gas wells.
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McEvoy v. Diversified Energy Co.
Case Documents:
Filing Date Type File Action Taken Summary 06/16/2023 Complaint Download Third amended class action complaint filed. 06/01/2023 Order Download Motion for judgment on the pleadings denied. West Virginia Federal Court Denied Gas Well Owners’ Motion for Judgment on Pleadings; Landowner Plaintiffs Disclaimed Damages for Methane Leakage in Amended Complaint. On June 1, 2023, the federal district court for the Northern District of West Virginia ruled that mineral owners and the West Virginia Department of Environmental Protection were not necessary and indispensable parties to landowners’ lawsuit seeking damages from companies that own gas wells for their failure to plug inactive wells. The court therefore denied the companies’ motion for judgment on the pleadings for failure to join required parties. On June 15, the plaintiffs filed a third amended complaint. They dropped a nuisance cause of action and clarified the damages they sought, including by disclaiming damages for methane leakage. The third amended complaint also dropped allegations that methane leakage causes significant environmental harm and is a significant financial liability. 04/04/2023 Memorandum Opinion and Order Download Motion to dismiss second amended complaint denied. 02/23/2023 Amicus Brief Download Amicus curiae brief filed in support of defendants by the Gas and Oil Association of WV, Inc. 01/05/2023 Complaint Download Second amended class action complaint filed. 12/28/2022 Memorandum Opinion and Order Download Motion for leave to file a second amended complaint granted and motion to dismiss denied as moot. 09/30/2022 Order Download Joinder granted and Diversified defendants' motion to stay discovery denied. 09/29/2022 Joinder Download EQT defendants joined in Diversified defendants' motion to dismiss and motion to stay. 09/29/2022 Motion to Dismiss Download Motion to dismiss filed by Diversified defendants. 07/15/2022 Complaint Download First amended class action complaint filed. 07/08/2022 Complaint Download Class action complaint filed. West Virginia Landowners’ Class Action Sought Damages for Failure to Plug Abandoned Gas Wells. Private landowners in West Virginia filed a class action complaint in the federal district court for the Northern District of West Virginia, contending that defendant companies’ failure to promptly plug abandoned gas wells caused injuries. The complaint alleged that one group of defendant companies (the “Diversified” companies) owned at least 2,168 abandoned wells, including more than 700 wells transferred by the second group of defendants (the “EQT” defendants) in 2018 and additional wells transferred by EQT in 2020. The complaint alleged that the “unlawful presence of these abandoned wells interferes with Plaintiffs’ use and enjoyment of their properties, lowers their property values, and poses health and environmental hazards.” The complaint also alleged that the wells “leak significant amounts of methane—a potent greenhouse gas—into the atmosphere and contribute to climate change.” The plaintiffs alleged causes of action for trespass, nuisance, and negligence and for avoidance and recovery of fraudulent transfer. They sought damages as well as the creation of funds to be used to plug and decommission class members’ wells.