At their regularly scheduled April 2, 2025 meeting, the ECMC Commissioners heard an update from Director Julie Murphy about the data integrity/falsification regarding spill sample laboratory analyses by Eagle Environmental Consulting and Tasman, Inc.
In Summary
- “[T]he data presents no new or increased risk to public welfare, safety, or the environment; however, it does mean in some instances that the duration that a spill has impacted the environment may have been extended.”
- “Of the 344 sites, we are prioritizing our remediation work and investigation on the 35-40 closed locations within municipalities.”
- “Since December, staff has verified an additional nine sites from Oxy and Chevron, and we have also received self-reported data from Civitas on their impacted sites based on their self-review. This adds roughly 46 sites that are operated by Civitas. … Forty-four are in unincorporated Weld County, one is in the town of Frederick, and one is in the town of Firestone.”
An updated map and data set will be made available soon; we’ll update this post and the ECMC Data Falsification Map with the 46 new sites any additional information.
Ed. Note: We reached out to both Eagle Environmental Consulting and Tasman, Inc. for comment and additional data in November, but neither returned our email inquiries.
Full Transcript of Director Murphy’s Remarks
Director Murphy: Thank you, Chair Ackerman, thank you commissioners, and thanks to those who are listening in for this update. As you will recall, on November 26th, I informed you that individuals at environmental consulting firms falsified laboratory data and reports that the consultants submitted to us at ECMC. The consultants were hired by oil and gas operators, and we do not have any information that the operators were aware of the falsification.
Before I really get into the substance of this update, I can’t help myself from acknowledging that I continue to be disappointed by this situation and these circumstances. I’m also glad to report progress today. At that prior meeting, you asked us to provide no less than quarterly updates and to provide updates when key milestones occur. Today I’m providing you with a quarterly update. Things have happened over the last couple of months, but I didn’t think that they warranted a separate update.
First, I want to talk about what we’ve accomplished; second, a quick update regarding an expanded data set; third, an update on the simultaneous investigations that are occurring; and fourth, I would close and welcome your feedback or questions.
I do want to reiterate that there is no action item pending today other than to identify when you would like me to return with another update. I will plan on being back quarterly as per the earlier direction. I think that cadence continues to make sense right now. AG Davenport is available regarding legal questions or the likelihood of matters related to this coming to you in some sort of adjudicatory or enforcement capacity. Staff is continuing to investigate the matter, and it could result in enforcement, of course.
First on my list is an update with the work we’ve accomplished to date with the investigation. I do want to take a moment to say I’m very proud of how our staff has handled this complex situation and has done so with integrity, grace, and grit. It’s always discouraging to see professionals behave in this way, but we have maintained our composure and continue to work towards the solutions necessary to correct the situation and prevent it going forward.
As you recall, on December 13th during that update, we published the sites and maps of all impacted locations known at that time. Our immediate priority then, and continues to be today, is public safety and welfare and protecting the environment. To be clear, the data presents no new or increased risk to public welfare, safety, or the environment; however, it does mean in some instances that the duration that a spill has impacted the environment may have been extended. Our priority moving forward is ensuring that operators remediate these spills affected by the falsification as appropriate.
At the time, we had identified 344 sites, and we prioritized communicating with all affected parties. We’ve been in contact with all the impacted municipalities as well as Weld County, and we’re grateful for their partnership. We also sent notifications to impacted surface owners. Of the surface owners, only one has responded with a question, and our staff has addressed that question. Of the 344 sites, we are prioritizing our remediation work and investigation on the 35-40 closed locations within municipalities. The analysis of those situations is complex and is ongoing.
The second piece of my update today is that we knew in December we were likely to receive identification of additional sites because at the time, we had received self-reported data from both Occidental and Chevron and had been notified that Civitas was conducting their own review of their own submittals. Since December, staff has verified an additional nine sites from Oxy and Chevron, and we have also received self-reported data from Civitas on their impacted sites based on their self-review. This adds roughly 46 sites that are operated by Civitas. We have integrated this data into the list and maps and will publish them on our website following this meeting.
Kristen is able to screen share what collectively shows the scope of the investigations known to date and includes all of the known sites at this point in time. So it does look different from the map we shared with you in December. Of the 46 sites reported by Civitas, they are all in Weld County. Forty-four are in unincorporated Weld County, one is in the town of Frederick, and one is in the town of Firestone. Just like what we committed to doing in December, we are continuing to do here with the new information and the new sites. We are contacting the county and municipalities, we are sending notifications to surface owners, and we are prioritizing the two sites in the municipalities.
That summarizes the second part of my update. Taking a moment and jumping into the third piece, which is around the concurrent independent investigations regarding this issue, there are a number of components of this, and I want to focus today on those that are led by the Energy and Carbon Management Commission.
As I noted in the first portion of my update, our environmental unit is leading the site-by-site quantitative investigation of the impacted sites to facilitate getting those cleaned up in due course. That is what I described in update one.
Now I’m turning to a second investigation that we are doing internally, and that work is being led by our quality assurance quality control team. They’re looking at a holistic investigation, in consultation with a third-party investigator, into environmental data that is submitted to ECMC from any operator and whether we can identify any additional incidents of data falsification that have not been self-reported. With that information, we hope to understand and feel more confident that we have fully evaluated this issue.
I think that any regulatory entity that oversees many thousands of data sets submitted at thousands of sites—the procedures do rely upon the assumption that submitters abide by the law and that third-party consultants and contractors stake their professional reputations on the integrity of their business practices. We continue to believe that, and as disappointing as this situation is, we continue to see quality work coming in from other contractors and other individuals.
In coordination with our own internal investigations, we are also issuing a notice to operators that does set a higher standard for data that is being reported to us. We think that it’s important to carry forward lessons learned from this, and this notice to operators begins that journey for us, or continues that journey. We’ve formalized some of these submittals over the last few months, and this is a more comprehensive step.
That concludes my prepared remarks. I would note that we have referred this matter to prosecutors, and that I do not have a further update on that aspect of this matter currently. My plan would be to update you again in roughly three months unless something warrants an earlier update. So that looks like kind of early July, depending on holiday plans and commission availability. With that, Chair, I am concluding my remarks on this and happy to take questions, direction, and/or switch gears to a much happier topic.
Acting Chair Ackerman: Thank you, Director Murphy. Appreciate that update, and as you mentioned, we’ve asked for quarterly updates and appreciate you coming before us. Commissioners, as you know, we’ve heard about this in the past, but we do have an opportunity now for any clarifications or follow-up associated with today’s presentation.
All right, seeing none, Director Murphy, we appreciate your update and particularly appreciate, although as you noted, a disappointing issue, appreciate the staff work being done on this and especially the eye for the future, as you talked about. That said, as you mentioned, I think you have another topic for us that might be a little more upbeat.