ELR Citation: 43 ELR 20088
No(s). 5:12CV49 (N.D. W. Va. Apr 10, 2013) (Stamp, J.)

A district court denied a motion to dismiss landowners' lawsuit against a gas company for alleged property damage in the form of contaminated well water resulting from Marcellus Shale gas drilling activity occurring on property adjacent to the landowners' property. The landowners provided facts that allege what they believe to be the company's connection to the alleged contamination of their water well with methane gas. Further, they have alleged what they believe to be statutes that create a duty owed by the company to the plaintiffs that has been breached by the contamination of the well water. They have also alleged that the gas storage operations of the company have caused the alleged contamination of their well water. This is sufficient to support their claims for compensatory and punitive relief at the stage of pleading. But while the complaint does not warrant dismissal under Fed. R. Civ. P. 12(b)(6), it does want for clarity both in its organization and in its allegations. Accordingly, the court granted the company's alternative motion for a more definite statement pursuant to Fed. R. Civ. P. 12(e).