By Emily Atkin
Exxon Mobil Corp. subsidiary XTO Energy will have to face criminal charges for allegedly dumping tens of thousands of gallons of fracking waste at a Marcellus Shale drilling site in 2010, according to a Pennsylvania judge’s ruling on Thursday.
Following a preliminary hearing, Magisterial District Judge James G. Carn decided that all eight charges against Exxon—including violations of both the state Clean Streams Law and the Solid Waste Management Act—will be “held for court,” meaning there is enough evidence to take the fossil fuel giant to trial over felony offenses.
Pennsylvania’s Attorney General filed criminal charges back in September, claiming Exxon had removed a plug from a wastewater tank, leading to 57,000 gallons of contaminated water spilling into the soil. The Exxon subsidiary had contested the criminal charges, claiming there was “no lasting environmental impact,” and that the charges could “discourage good environmental practices” from guilty companies.
“The action tells oil and gas operators that setting up infrastructure to recycle produced water exposes them to the risk of significant legal and financial penalties should a small release occur,” Exxon said at the time.
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