Skip to main content

View Diary: Should New York State Require Frackers to Buy Watershed Insurance? (78 comments)

Comment Preferences

  •  They have traditional liability insurance (0+ / 0-)

    I assume so, anyway

    So if there is a leak or a spill their insurance company will roll out the experts to fight the allegation, attack the notion that the leak or contamination came from their well, bring in experts to say 'there is no peer reviewed study that I am aware of'....

    What I am suggesting here is to shift the burden of proof. Neighbors and downstream consumers of water would be the beneficiaries of the plan.  So this proposal would instruct judges and juries to presume any contamination comes from a leak well or wastewater site. And it would be up to the driller to rebut the presumption.

    This makes sense - some well has been giving sparkling fresh water for 100 years and then suddenly - after drilling starts - its full of methane or arsenic.  What else could have done that?

    They'll settle; and they'll clean up their act.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site