After years of lawsuits, the first two courtroom victories against fracking companies arrived within 2 months of each other. In April, a jury awarded a Decatur, Texas family nearly $3 million from Aruba Petroleum. In May, another Texas couple won a $20,000 judgment in their lawsuit against Chesapeake Operating, Inc.

Both cases revolved around private nuisance claims. In the most recent case, Sam and Jane Crowder filed a lawsuit in 2011 alleging that the drilling by Chesapeake Operating, Inc. caused fumes, dust, noise, and traffic that prevented the couple from enjoying their property.

Fracking in progress

Photo of frac job in process courtesy of Joshua Doubek, CC BY-SA 3.0.

The company was utilizing three wells near the Crowders’ Fort Worth home, and both parties had signed a contract authorizing Chesapeake to operate the wells on 5 acres of property owned by the couple. However, since the fracking operations began, Jane Crowder said she is sometimes unable to pursue outdoor activities because her eyes become irritated and odors are too strong, and the couple’s grandchildren no longer visit their home due to health concerns. Sam Crowder said he sleeps with a fan running in the bedroom to drown out noise, despite his home’s double-paned windows and storm windows.1

The six-person Tarrant County jury awarded the Crowders only a quarter of their original request for damages because they decided the nuisance was only temporary. Additionally, Chesapeake can continue its operations on the property without modifications.

These two cases could be just the beginning of fracking lawsuits going to trial. We have extensive knowledge on fracking and the damages it can cause to nearby areas and the use and enjoyment of property close to the wells. We were honored to be part of the Aruba Petroleum litigation, in which we assisted attorney Brad Gilde.

The battle over fracking is far from over. Other lawsuits are making their way through the courts, some states are banning the practice entirely (through moratoriums), and gas companies are eyeing new locations to use fracking to release deposits of natural gas. Check back here on our blog for updates and developments on fracking news across the country.

1. Jim Fuquay. “Tarrant jury awards $20,000 to homeowners in nuisance suit against Chesapeake.” Star-Telegram, May 24, 2014. Accessed at https://www.star-telegram.com/news/business/article3859016.html.