Homeowners Can Sue over Damages from Fracking-Related Quakes, Oklahoma Court Rules

Homeowners alleging they sustained damages or injuries from oil or gas operation-induced earthquakes can file lawsuits, the Oklahoma Supreme Court ruled Tuesday. The New York Times reports that the ruling was a unanimous 7-to-0. Experts believe that Oklahoma, along with other states that have substantial gas and oil drilling, has experienced a sharp increase in earthquakes as a result of wastewater being injected into the ground. The drilling frequently utilized hydraulic fracturing, also known as fracking, which is a controversial method used to extract resources out of rock formations. The underground disposal reservoir used to get rid of vast volumes of wastewater are often located near fault zones.

Up until now, the court had not ruled on whether plaintiffs could sue over damage allegedly caused by fracking-induced earthquakes. As evidence continues to emerge and the state continues to experience a rising number of tremors, officials have shifted their position towards accepting the scientific consensus that wastewater injection wells have caused numerous earthquakes. Previously, the number of quakes of magnitude 3.0 or higher in Oklahoma were few; usually one or two per year. The number of quakes rose sharply with the rise in fracking activity over the past decade. Oklahoma experienced 535 last year, which is more than any state other than Alaska. This year, the state is on track to have 1,100 quakes of magnitude 3.0 or higher, NYT reports.

November 2011 marked one of the state’s worse earthquakes. In the town of Prague, a quake registering 5.7 and other registering 5.0 struck. Sandra Ladra, a resident of the town, was sitting in her recliner at the time when the tall chimney collapsed and caused large pieces of stone to fall on her, causing knee and leg injuries. Ms. Ladra sued the two companies whose wastewater disposal wells nearby allegedly caused the quakes, but a state judge dismissed it in October after industry lawyers argued that disputes have to go before the Corporation Commission under state law. The new ruling stemmed from her appeal to the State Supreme Court. The justices pointed to “the long-held rule that district courts have exclusive jurisdiction over private tort actions when regulated oil and gas operations are at issue.” in explaining their ruling.

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