The large oil-producing states, especially Texas and Louisiana, have seen an increasing number of unconventional court cases over the past few years. The oil and gas industry finds itself forced to confront new and differing state laws. Landmark cases highlight the constantly evolving legal challenges.
Fracking Litigation Continues to Increase
Fracking, or the process of injecting high-pressure fluid into the ground to “fracture” shale to release natural gas, has been the source of considerable litigation, reports an oil and gas litigation attorney in Louisiana. There are currently over half a million natural gas wells in the United States.
Litigation Issues
Oil and gas litigation disputes may arise from the following issues:
* The ownership of water rights
* The dominant right of the mineral owner to operate on the surface
* Claims for property damages related to production from the land owner
* Nuisance or trespass claims
* Negligence
* Breach of contract
* Environmental violations
Parr v. Aruba May Have Serious Implications for the Future
Parr v. Aruba is a landmark case currently on appeal. The Parr family own a ranch located over the Barnett Shale. The lawsuit concerned numerous health problems, including asthma and nausea, that the family alleged were the result of nearby drilling that caused air pollution from hazardous substances. Anti-fracking activists hailed the case as a victory after a judge upheld the $3 million jury verdict.
Some of the initial claims involving the fracking operations were either dismissed or settled out of court. The jury awards included $2.4 million for physical suffering, $250,000 for the harm they will suffer in the future and $275,000 for the drop in the value of their 40-acre ranch.
This case is the first of its kind to be heard by a jury. If the judgment is upheld by the appeals court, this case should have huge implications for people living in the vicinity of a fracking operation. This case was not about fracking per se, but concerned the harmful emissions from gas wells and diesel trucks. The oil and gas industry in Louisiana, Texas and other states can expect to see more cases of this nature in both state and federal courts.
Kebodeaux, Hargroder & Alexander, LLP is focused on providing the highest quality legal service possible. These oil and gas litigation attorneys in Louisiana has been recognized by Super Lawyers and AV Preeminent for their ethics and legal services. Call for an appointment to discuss your legal options today.
