Environmental News for a Healthier Planet and Life

Concerned Citizens File Abuse of Process Counterclaim against Fracking Company


Mothers Against Drilling in Our Neighborhoods

On March 23, Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA and Parker Waichman LLP filed an abuse of process counterclaim against Duck Creek Energy, Inc. on behalf of concerned citizens Tish O’Dell and Michelle Aini. The case was filed in the Court of Common Pleas, Cuyahoga County, Ohio (Case No.12 cv 778554.).

On March 20, oil and gas company Duck Creek Energy, Inc. filed a lawsuit in Court of Common Pleas, Cuyahoga County, Ohio, against Ms. O’Dell and Ms. Aini alleging claims for defamation, tortious interference with business relations and tortious interference with prospective business relations (Case No. 12 cv 778554.) The allegations of Duck Creek Energy, Inc.’s complaint all relate to Ms. O’Dell’s and Ms. Aini’s expression of concern regarding the environmental and health impact of their municipality’s use of a road deicing product manufactured by Duck Creek Energy, Inc. According to the Ohio Department of Natural Resources, the deicing product called AquaSalina™ is a saline product derived from brine produced at oil and gas wells.

On March 23, 2012, Ms. O’Dell and Ms. Aini filed a counterclaim against Duck Creek Energy, Inc. alleging that Duck Creek Energy, Inc.’s lawsuit is an abuse of process and was filed to accomplish an ulterior purpose for which it was not designed, to wit, to intimidate, harass and otherwise stop Ms. O’Dell and Ms. Aini from exercising their First Amendment Rights. As fully set forth in the counterclaim, the most recent analysis of AquaSalina™ provided to the Ohio Department of Natural Resources confirms that AquaSalina™ contains benzene, a known human carcinogen, in an amount of 7.04 ppm and the maximum allowable level of benzene in drinking water pursuant to U.S. Environmental Protection Agency regulations is 5 ppm.

The counterclaim further attaches an email from the Mayor of Brecksville to another concerned citizen alleging that “We do not use Duck Creek's Aqua Saline product … we will not, not ever.” The counterclaim further attaches meeting minutes from the Service Committee meeting of the City of Broadview Heights in which the City determined that it “would no longer purchase AquaSalina for use on road salt” because “Benzene is a cancer causing chemical.”

Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA and Parker Waichman LLP intend to vigorously defend Ms. O’Dell and Ms. Aini against Duck Creek Energy, Inc.’s unabashed attempt to stifle their clients’ First Amendment Rights to petition their government regarding the use and dispersal of AquaSalina™ on municipal roadways and other driving surfaces and the potential environmental and health effects such dispersal may have.

For more information regarding hydraulic fracturing lawsuits and the law firms of Parker Waichman LLP andClimaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA, click here and here.

EcoWatch Daily Newsletter

An aerial view of a crude oil storage facility of Caspian Pipeline Consortium (CPC) in the Krasnodar Territory. Vitaly Timkiv / TASS / Getty Images

Oil rigs around the world keep pulling crude oil out of the ground, but the global pandemic has sent shockwaves into the market. The supply is up, but demand has plummeted now that industry has ground to a halt, highways are empty, and airplanes are parked in hangars.

Read More Show Less
Examples (from left) of a lead pipe, a corroded steel pipe and a lead pipe treated with protective orthophosphate. U.S. EPA Region 5

Under an agreement negotiated by community groups — represented by NRDC and the Pennsylvania Utility Law Project — the Pittsburgh Water and Sewer Authority (PWSA) will remove thousands of lead water pipes by 2026 in order to address the chronically high lead levels in the city's drinking water and protect residents' health.

Read More Show Less
ROBYN BECK / AFP / Getty Images

By Dave Cooke

So, they finally went and did it — the Trump administration just finalized a rule to undo requirements on manufacturers to improve fuel economy and reduce greenhouse gas emissions from new passenger cars and trucks. Even with the economy at the brink of a recession, they went forward with a policy they know is bad for consumers — their own analysis shows that American drivers are going to spend hundreds of dollars more in fuel as a result of this stupid policy — but they went ahead and did it anyway.

Read More Show Less

By Richard Connor

A blood test that screens for more than 50 types of cancer could help doctors treat patients at an earlier stage than previously possible, a new study shows. The method was used to screen for more than 50 types of cancer — including particularly deadly variants such as pancreatic, ovarian, bowel and brain.

Read More Show Less
Ian Sane / Flickr

Preliminary data from the Centers for Disease Control showed a larger number of young people coming down with COVID-19 than first expected, with patients under the age of 45 comprising more than a third of all cases, and one in five of those patients requiring hospitalization. That also tends to be the group most likely to use e-cigarettes.

Read More Show Less