Environmental Law: Injection Wells; Induced Seismicity Administrative Law: Public Law/Private Law Distinction

摘要

The plaintiff alleges that she suffered personal injuries and injury to property when a 5.0 magnitude earthquake occurred near her residence. She sued the defendants, who operated wastewater injection wells, alleging that the disposal wells were the proximate cause of her injuries. The District Court granted the defendants' motion to dismiss, finding that an adjudication of the lawsuit would require the court to decide issues that are within the exclusive jurisdiction of the Oklahoma Corporation Commission (OCC). The District Court found, among other wings, that (a) the OCC authorized the defendants to conduct the disposal operations that the plaintiff claims caused her damages, (b) there are no allegations that the defendants violated the terms of the licenses as granted to them by the OCC, and (c) the OCC is vested with exclusive jurisdiction, power and authority with reference to the exploration, drilling, development, production and operation of wells used in connection with the recovery, injection or disposal of mineral brines. 17 O.S. § 52(a)(1)(d). Ladra appealed. Held: reversed and remanded. The Oklahoma Supreme Court accepted the case for immediate review. The court found that Ladra had pled a private cause of action alleging that the defendants engaged in "ultrahazardous activities" that necessarily involve a risk of serious harm that cannot be eliminated by the exercise of utmost care. The court ruled that whether defendants are negligent or absolutely liable is a matter to be determined by a District Court and that the OCC does not have the authority to resolve these issues. The Oklahoma Supreme Court reversed the District Court's dismissal of the case and remanded the matter to the District Court for further proceedings.