The U.S. Environmental Protection Agency (EPA) recently issued a September 2012 draft report describing the follow-up sampling conducted by the agency after it received responses to a draft report suggesting that hydraulic fracturing caused constituent migration into groundwater. Titled “Investigation of Ground Water Contamination near Pavillion, Wyoming,” the new report tabulates all the sampling results from the investigation but does not analyze or draw conclusions from the data.
According to EPA, the new EPA and U.S. Geological Survey (USGS) data in the report “are generally consistent with the monitoring data included in EPA’s December 2011 Draft Report on Pavillion Area Ground Water Investigation,” which concluded that hydraulic fracturing had affected groundwater in the area. The new data, along with EPA’s draft report and USGS data, will be submitted to an independent expert peer review panel. See Law360, October 11, 2012.