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- Title
IT'S A NUISANCE: THE FUTURE OF FRACKING LITIGATION IN THE WAKE OF PARR V. ARUBA PETROLEUM, INC.
- Authors
Goldberg, Hilary M.; Williams, Melanie Stallings; Cours, Deborah
- Abstract
The recent decision of Parr v. Aruba Petroleum, Inc. promises to be a milestone in developing the law surrounding "fracking," the process of extracting gas through hydraulic fracturing. Viewed by different groups as a relatively clean and plentiful energy source or as a serious environmental threat, members of the public, businesses, environmental organizations, legislators, and legal scholars have explored, debated, legislated, and litigated the practice of fracking in recent years. Parr, however, is the first fracking case to result in a jury verdict. The court's decision (on a single cause of action of private nuisance) did not specifically relate to the practice of fracking, but instead considered the types of emanations (noise, traffic, dust, odors) resulting from many commercial activities. Is Parr, as critics allege, "the fracking case that wasn't," or does the jury's verdict signal a significant threat to the practice? An examination of behavioral economics and the dynamics of loss aversion, framing, identification, and controllability may help explain the jury's response. At the least, Parr signals that public uncertainty will increase the liability and political costs of fracking.
- Subjects
UNITED States; ARUBA Petroleum Inc.; GAS well hydraulic fracturing; NUISANCES -- Lawsuits &; claims; BEHAVIORAL economics; NATURAL gas; LAW; ACTIONS &; defenses (Law)
- Publication
Virginia Environmental Law Journal, 2015, Vol 33, Issue 1, p1
- ISSN
1045-5183
- Publication type
Article