Court Says Company May Be Strictly Liable For Toxic Releases From Hydraulic Fracturing

A company using hydraulic fracturing to drill for natural gas may be strictly liable for chemical releases that contaminate a drinking water supply, a federal district court has held, allowing the case against Southwestern Energy Production Co. to move forward (Berish v. Southwestern Energy Production Co.).

In its Feb. 3 ruling, the U.S. District Court for the Middle District of Pennsylvania denied defendant Southwestern Energy Production Co.'s (SEPCO) motion to dismiss the plaintiffs’ claim for strict liability.

At issue is contamination caused by hydraulic fracturing, or “fracking,” used by SEPCO in natural gas well drilling in Susquehanna ...