ELR Citation: 42 ELR 20109
No(s). 3:10-1981 (M.D. Pa. May 3, 2012) (Caputo, J.)

A district court held that residents may add four new defendants in their lawsuit against energy companies for alleged water contamination due to hydraulic fracturing operations near their homes. During the course of discovery, the residents learned that the proposed defendants participated in the drilling, hydraulic fracturing, and installation of drilling muds, cements, and casing of a well near their homes. Accordingly, they wish to add these proposed defendants to their original complaint, in which they assert claims of negligence, private nuisance, strict liability, trespass, and violation of the Pennsylvania Hazardous Sites Cleanup Act. The energy companies argued that amendment is futile because all of residents' claims, except for the Hazardous Sites Cleanup Act claim, are barred by Pennsylvania's two-year statute of limitations. But because the court is not convinced that the claims are clearly barred by the statute of limitations, it granted the residents' request to amend their complaint.