PropertyProf Blog

Editor: Stephen Clowney
Univ. of Kentucky College of Law

A Member of the Law Professor Blogs Network

Monday, December 13, 2010

Fracking as Nuisance?

Thanks to reader Lee Van Put for pointing me to this article arguing that nuisance law might be used to put a break on gas drilling in the Northeast.  The basic argument that drilling practices that cause harm to neighbors might be a nuisance seems reasonable to me.  It strikes me that this can't be the first time this kind of issue has come up for drilling practices - anyone know of any specific precedents?  The harm/benefit scenario reminds me of Boomer, which would be controlling in New York - damages might be awarded rather than an injunction.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

http://lawprofessors.typepad.com/property/2010/12/fracking-as-nuisance.html

Natural Resources, Nuisance | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0148c6ad2d8d970c

Listed below are links to weblogs that reference Fracking as Nuisance?:

Comments

Post a comment