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

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