Fracking-Related Personal Injury Claim Allowed to Proceed

louisiana-fracking

Late last month, the Oklahoma Supreme Court held that the Oklahoma district court has jurisdiction to hear an action alleging that fracking indirectly caused the plaintiff’s injuries by leading to an earthquake. This decision could affect other states, such as Louisiana, where citizens are also concerned about the potentially hazardous effects associated with fracking.

This decision could affect other states, such as Louisiana

In November of 2011, Sandra Ladra was severely injured due to debris falling on her knees and legs after a 5.0 magnitude earthquake hit in her home in Lincoln County. Ladra maintains that defendants New Dominion LLC and Spess Oil Company caused the earthquake due to their wastewater activities. In fact, these companies operate wastewater injection wells all over Lincoln County and in other areas of central Oklahoma. The facts of Ladra’s case state that, since 2009, Oklahoma has experienced a “dramatic increase” in the frequency and severity of earthquakes.

Ladra’s claim is based in the assertion that these “ultrahazardous activities” involve a risk of harm that cannot be prevented by simply exercising reasonable care, but rather fracking companies owe a duty to avoid operating their injection wells so as to cause or contribute to seismic activity.

Although the Court did not make any factual or legal findings with respects to the merits of the claims—only holding that this issue is under the jurisdiction of the district court and not the Oklahoma Corporation Commission—this could lead to more fracking-related lawsuits all over the country, including in Louisiana, where the activity has been hotly contested.

What is Fracking?

Fracking involves injecting liquid (water and chemicals) at a very high pressure into rocks, holes, etc. so as to force open fissures and be able to extract gas or oil. Also called “hydraulic fracturing,” the disposal of drilling wastewater using in this process has scientifically been linked to earthquakes. These fluids are disposed of by injecting it into disposals wells that are deep underground, which is documented as causing more, stronger earthquakes, particularly in states like Texas.

In fact, reports have highlighted hotspots all over the country where communities are facing an increased risk of earthquakes linked to injection wells used to dispose of fracking wastewater. In Oklahoma, for example, it is estimated that the current earthquake rate is 600 times higher than its pre-fracking rate.

Hydraulic Fracturing Litigation

Many lawsuits have been filed since the use of hydraulic fracturing (fracking) to recover natural gas has emerged. Concerned citizens have relied on a variety of claims in challenging this process in their communities, including trespass, nuisance, violation of local laws, toxic tort-related theories, and others. Communities are concerned not only about an increased rate of earthquakes, but contaminated groundwater and air.

Environmental Hazard Attorneys

The attorneys of Harrell & Nowak have spent years litigating against bad actors and negligent parties that place communities in danger from environmental hazards. Harrell & Nowak represents people who have been injured by the pollution and release of toxic chemicals in the air, soil, and water. Contact us today for a free consultation, and tell us about your concerns.