Fracking and oil drilling are controversial hot topics right now. Opponents say they are taking their fight against fracking-related activities all the way by suing oil companies for personal injury and property damage.
The state of Oklahoma is making news for two cases that were given the go ahead from the Oklahoma Supreme Court to proceed in district court. This is a notable ruling because of the fact that suits against energy companies are usually oversaw by a regulatory commission.
Spurred by an earthquake that happened in Prague, Oklahoma in November of 2011, one case is for personal injury and the other is for property damages. Both cases are against the same oil companies.
Jennifer Cooper is suing New Dominion LLC and Spess OIl Company for property damage. Cooper’s home was badly damaged after three separate earthquakes occurred in the area.
“It was horrible, the brick was gone, fireplace off into the yard, the brick fireplace was off,” Cooper remembers. “We spent every Saturday for two years trying to repair just get it back to where the drive down my driveway didn’t make my heart sink.”
While the single-mother’s home was destroyed by the earthquakes, another woman is healing from her severe injuries suffered during the quakes. Her incident has been making headlines for the unprecedented legal proceedings.
The woman named Landra tells the story of her severe leg injury. After stitches and physical therapy, Landra faces the reality that she will have to get knee replacement surgery.
Both women believe the earthquakes were caused by saltwater waste pumped into the ground due to oil drilling operations.
Neither New Dominion LLC and Spess Oil Company responded for comments. A jury will decide the outcome and whether the companies will have to pay.
Many argue that the Oklahoma court system is the wrong venue for these cases. Some say they belong to the Oklahoma Corporation Commission because it has sole authority over oil and gas companies. However, since the Supreme Court has allowed the trials against the companies, the proceedings will continue.
“This decision will result in more litigation against energy companies,” explains Daniel Gibalevich a personal injury lawyer. “Holding these companies liable could lead to safer practices.”
While some argue that legal action against these energy companies will weaken the industry, many believe it will force these companies to be responsible for their actions, such as pumping saltwater waste into the earth. If this drilling technique is the cause of the earthquakes shouldn’t these oil companies face the consequences?
Unfortunately for Landra, a judge dismissed her case in October. Since she was just suing for personal damages and not to change guidelines for drilling, the judge recommended the case be taken to the Oklahoma Corporation Commission. Also, the commission was the organization that approved the disposal technique in the first place.
The Oklahoma Supreme Court justices agree that the earthquakes have become more frequent since the oil companies started drilling. However, they did not mention Landra’s case.
It is important to note that while the Supreme Court allowed the legal proceedings to be heard, it did not give merits to the claim of causation in the fracking-related incident. The court claimed that it was allowing the district court to have the jurisdiction to hear the case, because it was a private tort claim, despite that regulated oil and gas operations were involved.
While the case was ultimately dismissed, it was still a huge step for the legal system.
The case of Landra v. New Dominion, LLC has shown the court system that legal activity due to fracking-related incidents should not be confined to the environmental and regulatory commissions. These tort claims deserve a chance to be brought in front of the proper legal system.