Pittsburgh Post-Gazette

Post-Gazette asks court to unseal Haney shale gas case settlement

- By Don Hopey and David Templeton Don Hopey: dhopey@postgazett­e.com, 412-263-1983, or on Twitter @donhopey; David Templeton: dtempleton@postgzette.com, 412-263-1578

The Pittsburgh Post-Gazette is seeking to unseal the confidenti­al settlement of a high-profile court case in which Stacey Haney and her neighbors allege their health was damaged by toxic spills, leaks and air pollutants from a Range Resources Appalachia LLC shale gas well site in Amwell, Washington County.

Attorney Frederick Frank, representi­ng the PostGazett­e, filed an emergency petition Monday with Judge Michael J. Lucas in Washington County Common Pleas Court to intervene and unseal the settlement in that sixyear-long case filed in 2012.

Following a brief hearing on the motion Thursday morning, Judge Lucas scheduled arguments for 1 p.m. Feb. 25 on both the newspaper’s request to intervene and whether to unseal the settlement terms.

The case — which also alleged that Range and two commercial water-testing laboratori­es conspired to conceal the presence of hazardous contaminan­ts in the water supplies of residents living near the company’s Yeager well site — was settled, sealed and closed in September 2018.

Range attorney Kimberly Brown raised several procedural questions at Thursday’s hearing, including that the Post-Gazette had not entered its objections to the sealed settlement in a timely manner, before the case was closed.

Mr. Frank noted that Range made an identical argument in an unsuccessf­ul attempt to block the newspaper from accessing the 2011 confidenti­al settlement in the Hallowich case. That settlement agreement, restored to the public record of the case in 2013, shows that the Hallowich family was paid $750,000 but was prohibited from living within two miles of any Marcellus Shale gas facility, barred from objecting to any drilling under any new property or residence they may own, and prevented from speaking disparagin­gly about gas industry operations.

“The Superior Court ruled in the Hallowich case the public has the right to intervene at any time to unseal the record,” Mr. Frank said.

Mr. Frank argued in his 13-page brief to the court and at the hearing that the press, as a representa­tive of the public, has an important role in protecting the openness of court proceeding­s. He also said that Range had not overcome the constituti­onal presumptio­n that court proceeding­s and documents should be publicly accessible. Ms. Haney has also filed a motion asking the Washington County court for a protective order seeking to unseal the settlement documents so she can reference them in a separate but related damage case she is pursuing in the Allegheny County Common Pleas Court. The hearing Thursday was originally scheduled to deal with her motion to strike a supplement­al filing by Range opposing the protective order.

In the Allegheny County case, Ms. Haney alleges that the Washington County settlement was adversely affected by the unauthoriz­ed sharing of her health records in violation of the federal HIPAA law mandating confidenti­ality of such records.

The Post-Gazette learned of the settlement last week while reporting that state Attorney General Josh Shapiro has empaneled a grand jury to investigat­e potential “environmen­tal crimes” committed by the oil and gas industry in Washington County. The attorney general sent a letter to attorneys representi­ng Ms. Haney and Range that referenced the “Stacey Haney/Range Resources Investigat­ion” and requested that the case record be preserved, under penalty of law.

The story of Ms. Haney and her family, including their health problems, was chronicled in a book, “Amity and Prosperity: One Family and the Fracturing of America,” by Eliza Griswold, which was among The New York Times critics’ top books of 2018.

 ?? Pam Panchak/Post-Gazette ?? A file photo shows the Hallowich family in 2010 standing on a hillside near their home to illustrate the proximity of several gas wells around their property. The Pittsburgh Post-Gazette noted the successful bid to unseal filings in the Hallowich family’s court case in its current bid to reveal the settlement agreement between the Haney family and Range Resources.
Pam Panchak/Post-Gazette A file photo shows the Hallowich family in 2010 standing on a hillside near their home to illustrate the proximity of several gas wells around their property. The Pittsburgh Post-Gazette noted the successful bid to unseal filings in the Hallowich family’s court case in its current bid to reveal the settlement agreement between the Haney family and Range Resources.

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