Oklahoma allows private cause of action for alleged “fracking earthquakes”

The Oklahoma Supreme Court on June 30 ruled that private parties may bring tort lawsuits alleging damages caused by fracking.  Ladra v. New Dominion,  LLC (2015 OK 53, not yet published).  Plaintiff Sandra Ladra was a resident of Prague, Oklahoma and was injured in the “Prague Earthquake” of November 5, 2011 – 5.0 magnitude.  Her home suffered extensive damage.  Her lawsuit was dismissed on jurisdictional grounds early in the proceeding, the district court holding that the Oklahoma Corporation Commission has exclusive jurisdiction over oil and gas related matters.  She appealed on a point of error.  The Supreme Court reversed the district court, holding that private tort actions are exclusively within the jurisdiction of the district courts, even if those actions involve damages allegedly directly caused by oil and gas operations.  Plaintiff in this case alleged that fracking by a number of companies in the area around Prague caused the earthquake.  The Court remanded for further proceedings.  In a footnote, the Court stated that the Court was not deciding whether or not the plaintiff’s complaint was sufficient to state a claim.  Plaintiff must show causation of the earthquake by fracking and then the actions of the various defendants in the fracking operations.  The case is significant in this:  the doors to the district courts in Oklahoma are now open to plaintiffs alleging damages from earth movement and further alleging that the earth movement is caused by fracking.  The incidence of earthquakes in Oklahoma has greatly increased in recent years; will these lawsuits increase accordingly?

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