The Hydraulic Fracturing Regulatory Act, 225 ILCS 732/1-1 et. seq. became law in Illinois on June 17, 2013. Environmentalists and landowners above the “New Albany Shale” initially hailed the law, but now that the Illinois Dept. of Natural Resources has issued its draft rules, many of the law’s core provisions have been gutted. Specifically, The Act required compliance with “applicable federal, state and local laws.” This language has been omitted from the draft rules.
On April 22, 2014, in Dallas County, Texas, a jury returned a $2,925,000. verdict against Aruba Petroleum in favor of Bob and Lisa Parr who owned land that was effected by their fracking operations (case no. CC-11-01650-E). This case was significant because the defendant argued they were in compliance with the law. The verdict included compensation for loss of market value to their home and 40 acre property, as well as damages for physical pain and suffering and mental anguish. This result was obtained not through any state or federal statutory scheme, but rather the common law torts of trespass and nuisance. This was the first verdict in the U.S. regarding damages from fracking.
I have and currently am using these same common law torts, trespass and nuisance against corporations who have polluted the well water, land and air in Illinois. Fracking is just beginning in Illinois, particularly in the southern Illinois New Albany Shale. Various environmental problems are just beginning to emerge. Thoughtful people can disagree whether the risks of fracking outweigh the benefits, however, if it is your land, air, water, and family that are being negatively impacted, you may wish to know what legal rights you may have. Should you wish to discuss if you may have a legal remedy against an entity engaged in fracking that may be damaging to your property, your health, and quality of life, feel free to contact Edmund Scanlan toll free at 877-494-1309.