Expert's claims contested at Middlesex hearing
MIDDLESEX TWP — Four hours of testimony by the only witness Monday night at a zoning hearing attended by more than 100 people may all have been for naught.
That is because the facilitator of the hearing is considering a request to strike the witness' testimony.
The third lengthy session of the hearing for a challenge to a gas and oil amendment to the township's zoning ordinance — passed by township supervisors in August — was held at the township fire hall.
Four township residents plus the Philadelphia-based environmental groups the Clean Air Council and the Delaware Riverkeeper Network are challenging the zoning amendment because it allows unconventional gas drilling in much of Middlesex.
Attorneys from the township, Rex Energy and Mark West Energy Partners are supporting the amendment at the hearings.
The challenge caused a stoppage of work on the five Rex Energy gas wells at the Bob and Kim Geyer farm on Denny Road. A group of Mars School District parents have protested the wells because they say shale gas drilling would pose a health and safety hazard to the students in the nearby schools.
Jordan Yeager, the attorney for the challengers, called as a witness David Carpenter, the director of the Institute for Health and Environment at the University of Albany.
The Harvard-educated Carpenter is a professor in public health sciences at the university and listed dozens of accomplishments before being accepted by the zoning board as an expert witness on public health.
Under Yeager's questioning, Carpenter testified that drilling operations can be associated with cancers, cognitive decline and respiratory illnesses in those exposed to an unconventional gas well site up to 10 miles away.
Citing his own research and various studies, Carpenter said children are particularly susceptible to the negative health effects.
“This industry is causing significant contamination of nearby residents, and that concern is particularly focused on children, whether they are in their residences or their schools,” Carpenter said.
But during cross-examination, Rex Energy attorney Kevin Barley attempted to dismantle Carpenter's testimony by questioning reports Carpenter cited in his written comments to the zoning board.
While Barley elicited an admission from Carpenter that he had never visited a well site or toured a natural gas compressor station, Carpenter steadfastly maintained that his purpose at the hearing was to give opinions as a public health expert.
Barley also reported, and Carpenter confirmed, that his testimony in other hearings in courts and elsewhere has been thrown out because of flawed methodology used by him.
Carpenter confirmed that his testimony on various subjects concerning public health has been stricken from court proceedings in the past, but that more often it was accepted.
Barley then questioned Carpenter on his methods regarding his assertions on the dangers of gas wells.
“I move to strike (Carpenter's) expert testimony as unreliable,” Barley told Mike Gallagher, the solicitor for the zoning hearing board and the facilitator of the hearing.
Township solicitor Mike Hnath and Christopher Nestor, the attorney for Mark West Energy Partners, which has gas pipelines in the township, agreed with Barley regarding the request to strike Carpenter's testimony.
Yeager countered that Carpenter is recognized by many health organizations, who rely on him for advice and analysis on public health matters.
Yeager said Carpenter has testified in dozens of cases, but Barley only focused on two cases where there existed a difference of opinion on his testimony.
“Those two cases do not form a basis for striking his very credible testimony today,” Yeager said.
He said Carpenter on Monday night testified more than once that additional research is needed regarding shale gas drilling.
“There is absolutely no basis for the motion (to strike his testimony,)” Yeager said.
Because four hours of testimony and cross-examination had passed, Gallagher adjourned the hearing until today.
“We'll take it under advisement,” Gallagher said of the request to strike Carpenter's testimony.
After the hearing, Bob Geyer had no comment.
Parent group leader Amy Nassif said Carpenter's testimony included claims of adverse health effects from shale gas drilling that the parent group had unsuccessfully tried to present to Adams and Middlesex supervisors more than a year ago.
“I'm glad they were able to hear it this time,” Nassif said.
The hearing will resume at 4:30 p.m. today at the Middlesex fire hall, when Gallagher will give his decision regarding the request to strike Carpenter's testimony.
