Tort Suit Seeks to Hold Drillers Responsible for Oklahoma Earthquakes

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In what may be part of a wave of litigation blaming increased seismicity on oil and gas development activities, 12 residents of Oklahoma City and its suburbs filed suit against oil and gas drillers and operators of wastewater injection wells following two earthquakes in central Oklahoma.  See Felts v. Devon Energy Production Co., LP, Case No. CJ-2016-137 (Oklahoma County Dist. Ct. Jan 11, 2015).  Plaintiffs allege 4.3- and 4.2-magnitude earthquakes, on Dec. 29, 2015 and Jan. 1, 2016 respectively, caused substantial damage to Plaintiffs’ homes and property.   Plaintiffs’ complaint sounds in negligence and strict liability, alleging Defendants’ underground injection of wastewater from gas drilling operations are the proximate cause of “unnatural and unprecedented” earthquakes in the area.  The suit comes as Oklahoma drilling regulators consider measures to address what the Oklahoma Geological Survey has identified as increased seismic activity in the area, and follows a 2015 Oklahoma Supreme Court holding that jurisdiction over cases alleging damage from wastewater injection-related earthquakes rests with the courts and not with the state oil and gas regulator (previous coverage available here).

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