IN DEFENSE OF DEEP WELL INJECTION:LESSONS FROM CIVIL LITIGATION

摘要

This paper examines the results of civil law suits filed against Class Irninjection well operators of both commercial and noncommercial wells. Plaintiffs in arnnumber of states have asserted a full range of claims in civil litigation, including:rnconversion or inverse condemnation, damage to mineral estate, environmental assessmentrnand remediation costs, failure to pay royalties and/or reasonable rental value, fraud,rnintentional discharge of pollution, negligence, nuisance, punitive damages, trespass,rnstatutory and regulatory violations, strict liability, ultra-hazardous activity, unjustrnenrichment/restitution, and violation of deed restrictions and/or covenants of the wellrnimpoundment. Although many of these claims have been dismissed at the very thresholdrnof litigation for obvious lack of support, some have survived the early motions and havernbeen tried to juries or the courts. This paper examines the basis for successful defensesrnagainst the various types of claims that have been asserted against injection wellrnoperators. It also identifies steps that could be taken by deep injection well operators tornbetter prepare for possible civil litigation.