Slashdot Mirror


Texas Family Awarded $2.9 Million In Fracking Lawsuit

New submitter martinQblank writes "CNN reports: A Texas family whose home was within a two-mile radius of 22 natural gas wells — one of which was less than 800 feet away — has been awarded $2.9 million by a jury. The family, who suffered from a variety of ailments (including nosebleeds, rashes, migraines and more), was advised by a doctor to leave their ranch immediately and see a physician specializing in environmental health. The defendant in the case, Aruba Petroleum, disagreed with the jury's decision, as did other attorneys who are familiar with the energy sector — calling in a 'knee-jerk' reaction. Additionally the company noted that they had complied with all applicable environmental regulations. The family itself? Still in favor of oil and natural gas extraction: 'We are not anti-fracking or anti-drilling. My goodness, we live in Texas. Keep it in the pipes, and if you have a leak or spill, report it and be respectful to your neighbors. If you are going to put this stuff in close proximity to homes, be respectful and careful.'"

28 of 146 comments (clear)

  1. Um yeah by Whatsmynickname · · Score: 4, Insightful

    We are not anti-fracking or anti-drilling. My goodness, we live in Texas.

    Yeah, we love fracking! Now give us the 2.9 million dollars...

    1. Re:Um yeah by jonsmirl · · Score: 2

      Article says they lease the land.

      Next question - were the wells there before they leased it?

    2. Re:Um yeah by LifesABeach · · Score: 4, Informative

      One need only stand down wind to become more aware.

    3. Re:Um yeah by Captain+Splendid · · Score: 2

      Considering the fucking lawyers will get most of that settlement

      Depends what agreement the clients signed at the beginning of the case. Which you're not privy to. And which I doubt is higher than 50%.

      But yeah, lawyers are scum, that's the important takeaway here.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    4. Re:Um yeah by quenda · · Score: 5, Funny

      Yeah, we love fracking! Now give us the 2.9 million dollars...

      Lawsuit money that is. Green Gold. Texas tea.

      Well the first thing you know ol Bob's a millionaire,
      Doctors said "Bob move away from there"
      Said "Californy is the place you ought to be"
      So they loaded up the truck and moved to Beverly.

      Hills that is. Swimmin' pools, clean air.

    5. Re:Um yeah by ColdWetDog · · Score: 2

      It really doesn't have much to do with fracking technology per se. The main link would be that, because of the benefits of fracking, the resources under their property is now economically viable to extract. Fracking is used as a term of convenience and because it's a nice boogy man.

      However, as is usual, TFA is incomprehensible as written. The family has '20 chemicals' in their bloodstream? Congratulations - you're alive. The symptoms seemed consistent with exposure to organic solvent vapors. Which, of course, you are supposed to avoid. It's likely that the Nasty Petrochemical Corp sited the well heads much too close to the animals and people - that may have been unavoidable given constraints of the lease and so the judgement is a reasonable one given the family's discomfort, additional expenses and potential for future harm.

      But as a general argument against fracking- it's not going to be that.

      --
      Faster! Faster! Faster would be better!
    6. Re:Um yeah by jedidiah · · Score: 5, Insightful

      It sounds like the oil company permanently deprived them of their home. If it is some large ranch, the total value of the land could be non-trivial. Even the value of a large home in the city can creep up near the 1 Million dollar range.

      If that land was providing income then there are direct economic damages that a few million might adequately cover.

      That's not even getting into medical bills or permanent harm to several people. All of that could also have lingering economic consequences.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Um yeah by sjames · · Score: 2

      A perfectly reasonable position to take if they believe (as they appear to) that fracking can be done safely but that the defendand was negligent.

      If someone rear-ended you in traffic, would you declare your hatred for all cars, roads, modes of travel? No? Would you still sue for damages? I'll bet you would.

    8. Re:Um yeah by sjames · · Score: 4, Insightful

      You sir appear to be a fracking idiot.

    9. Re:Um yeah by Anonymous Coward · · Score: 4, Insightful

      I live right here among it all, and there are a lot of people who are going to get rich, and for every person getting rich, there are a 1000 who will get paid $80,000 to $100,000 per year as a fracker (aka labor) which is a good wage, but for every fracker, there are 10,000 who will have to keep on living here once the fracking industry pulls out. Leaving us with a junked up infrastructure. Roads all torn up, you wonder every time you pull water from your well, whether it's tainted, every time a new comer (to stay and live here) drills a new well, we tell them "maybe it'll be fine" , or they can go through expensive testing on a regular basis.

      Then there are those who are gone. Big Rig Tractor Trailer traffice has risen by several thousand percent. And the accidents have also. Cops try and hand out tickets, to slow things down, but you get a guy behind the wheel of a 100,000 lb monster, who hasn't slept in 30 plus hours ....my neighbor lost his wife, when they were run down in their suv....

      The benefits are great for some.

  2. Complying with all regulations is no excuse by Anonymous Coward · · Score: 5, Insightful

    You're still responsible for the damage you cause, even if it's accidental. Your action, your responsibility.

    1. Re:Complying with all regulations is no excuse by fermion · · Score: 3, Insightful

      As much as complaints we here over regulation and government interference, modern business depends on it. For instance, the Keystone XL pipeline, or really any big project, would not be able to completed at reasonable costs without the governments ability to take land from private citizens. We also have seen that as long as car company complies with regulation, they can kill 13 people with impunity. A chicken processor can poison hundreds of people as long as they follow regulations. About the only thing a person can do is sue. This is why conservatives hate the courts so much.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  3. The award is appropriate by Anonymous Coward · · Score: 3, Interesting

    The $2.9 million, minus attorney fees, costs, and taxes, might be just enough to compensate the family for their loss. Keep in mind that if any family members develop cancer or some other ailment later in life as a result of the company's irresponsibility, then that will probably be covered under this award as well.

    If it had been an order of magnitude larger, then we could talk about "knee jerk".

    1. Re:The award is appropriate by sjames · · Score: 2

      So they're surrounded by leaky wells venting known harmful VOCs into the air, and blood testing shows harmful concentrations in the plaintiffs and their symptoms are consistant with that exposure but since it's not absolutely impossible that a tsetse fly from Africa blew in on the jet stream and bit them, they should get nothing?

      A tiger? In AFRICA??!

  4. Don't count your chips yet by tomhath · · Score: 2

    The lawyers got a jury to agree. That doesn't mean it will stand; we've all seen verdicts based on emotion that get tossed based on facts.

  5. WHERE IS MY MONEY? by Oroka · · Score: 2, Funny

    I have had nosebleeds and rashes, and my mother got migraines when I lived with my parents, there MUST be a secret fracking operation going on near our home. Or maybe one of those wind 'death maker' turbines that is destroying our country! Killing several of our birds every year! Stinking up the view. I, as a citizen, DEMAND inexpensive clean energy, I dont want any of my tax dollars spent on developing it, and I dont want it in my back yard. Is that too much to ask as I sit at home, watching my 80" TV, with every light in my 4000 sq ft house that only myself and my wife live in, or while I drive my massively over powered car through the dirty countryside. Is that too much to ask!?

  6. Congrats on complying with applicable regulations by penguinoid · · Score: 5, Insightful

    But why is fracking exempt from the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act?

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  7. Good for them.. at least the jury got it right.. by FirstOne · · Score: 2

    With 22 wells nearby, the chances of their water not being contaminated are very low.. Thus industry lifetime Failure rate for these wells runs 30% to 50%!

    The industry really needs to step up to the plate and improve their drilling tech and methods. Hopefully more and more juries around the country will impose these costs on the oil and gas industry. Either clean up or get out!!

    Personally, we really don't need this fossil fuel tech, when Renewable energy sources are very capable of fulfilling ALL our energy needs . We know fossil fuels are finite.. they're going to run out, sooner or later.. Let's jump into the future and skip over these nasty fault prone energy sources. It boarders to the point of insanity, that the general public hasn't figured this out..

  8. Re:Congrats on complying with applicable regulatio by Nimey · · Score: 3, Insightful

    Regulatory capture.

    --
    Hail Eris, full of mischief...

    E pluribus sanguinem
  9. Re:Congrats on complying with applicable regulatio by Anonymous Coward · · Score: 2, Funny

    I think the word you're looking for is "Cheney."

  10. My knee jerk reaction by towermac · · Score: 5, Interesting

    Was OMG the libs have penetrated Texas..

    Then I gave it a bit more thought and got over myself. The point of a judgement like this, is that it's supposed to sting. It's a whole lot of money for doctor's bills, but not a whole lot of money if the intent is to punish. It's enough though, that I think Aruba (and others) will take notice. Not very many businesses can write a $2.9M check and walk it off in an afternoon.

    But first, I don't see any real evil here. The ground around a working oil well is a messy place. You can't help but spill a little, and there's no malfeasance necessary to occasionally spill a lot (what you and I would call a lot). Every time I get gas, at least one drop hits the pavement, no matter how hard I try to tap it off. I totally believe Aruba when they say they did everything they were supposed to do.

    I just think that what they are supposed to do, is probably fine for a well out in the middle of a field, but not good enough for a well in a neighborhood. Texas society, acting through their civil court, has pulled somewhat ahead of their regulations and legislation. And one has to think that eventually society will want wells to be cleaner even when they are out in the middle of nowhere.

    So, if I am going to be all small government conservative, and pull for states and local folks to take more control of their lives from the mean old federal government, then I need to get my head right, and totally support this judgment. That means encouraging the oil companies to pay up and clean up, and pull themselves ahead of where they are, and catch up to where Texans now want them to be. They've moved the goalposts on you Aruba, but they have that right. And Texas, please continue to give my my under $4 a gallon gas, but don't poison your state and people while doing so. Thank you very much. :)

  11. Re:mystery ailments by MightyMartian · · Score: 3, Funny

    Shut up and drink some oil, you commie greentard. The fossil fuel extraction industry is a fucking god, so bow down and take what they give you!

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  12. Re:mystery ailments by mysidia · · Score: 4, Informative

    They have common health problems

    Oh really? Which problem are you saying is common? Having 20 toxic chemicals found in your body?

    "By 2009, I was having a multitude of problems," Lisa Parr told CNN. "My central nervous system was messed up. I couldn't hear, and my vision was messed up. My entire body would shake inside. I was vomiting white foam in the mornings."
    ...

    In 2009, Lisa's husband, Robert, and their 11-year-old daughter, Emma, also became ill, suffering a laundry-list of symptoms.

    "They had nosebleeds, vision problems, nausea, rashes, blood pressure issues. Being that the wells were not on our property, we had no idea that what they were doing on the property around us was affecting us," she said.

    "One night, our whole house was vibrating and shaking. We lease that property for our cattle and so I went over there to make sure our cattle wasn't around there, and when I went over there my nose and throat started burning." . ...

    Parr called the state Commission on Environmental Quality.

    "My doctor, an internal specialist, found 20 chemicals in my body and he said, 'Lisa you must move immediately. You will spend more time and money on hospitals, chemotherapy, and a mortician ... and you need to get an environmental health doctor immediately,' " she said.

    The Parrs filed suit in March 2011, asking for $66 million in damages against nine companies that were originally thought to be involved

  13. Re:mystery ailments by FatLittleMonkey · · Score: 2, Interesting

    They are symptoms of low level poisoning and immune disorders.

    They are also symptoms of on-going stress, such as being panicked over fracking on (or under) your property. Psychosomatic illness, "Nocebos", negative placebos.

    This coincidence of symptoms, and our inability to separate the causes, is an issue in most of these cases. You hear about your favourite brand of soap powder causing obscure immune issues, suddenly you get a rash, then you get migraines and join pain, within six months you can barely get out of bed. Poisonous soap powder, or six months of obsessive worry crippling your immune system? Same symptoms, but do you sue the soap company, or the activist network that caused the stress?

    --
    Science is all about firing a drunk pig out of a cannon just to see what happens.
  14. The rapidly disappearing middle ground ... by Wrath0fb0b · · Score: 4, Insightful

    We are not anti-fracking or anti-drilling. My goodness, we live in Texas. Keep it in the pipes, and if you have a leak or spill, report it and be respectful to your neighbors. If you are going to put this stuff in close proximity to homes, be respectful and careful.

    Yeah, pretty much this.

    We all know that extraction companies do idiotic and careless things and don't give a fuck about safety -- either of their workers or of the environment around them.

    We also know that a lot of environmentalists advocate the complete cessation of fracking and drilling even though that makes no practical sense (for now).

    And so we've lost the middle ground of wanting a strong extractive industry with strong environmental safeguards and a culture of safety grown up around it. It would be a strategic error for companies to adopt such a policy in a situation where environmentalists are going to oppose them politically and legally anyway no matter what they do. And it would be a strategic error for environmentalists to advocate for responsible extraction given that the companies are going to weasel out of it anyway.

    I know where we want to go, I think it's certainly technologically and economically feasible to extract oil and gas without damaging the environment. But the way we pursue it is fundamentally broken on all sides.

    [ And none of this is intended to be negative. I consider myself an environmentalist and a technologist FWIW. ]

  15. Re:mystery ailments by mysidia · · Score: 3, Insightful

    I have all those symptoms too. Migraine, rashes, nausea, nosebleeds. Who should I sue then?

    I don't know. You should visit a medical professional and undergo examination and tests to find the cause of your serious health problems.

  16. Re:Good for them.. at least the jury got it right. by Teun · · Score: 2
    Uh no, I understand very well how fracking works, it's (a small) part of my job.
    I agree some of the chemicals used in the US fracking business are unpleasant but the quantities are very small and like fracking of a one-off nature.
    All oil and gas wells produce 'associated' water and it is always a health hazard, similar to the oil and condensate from the same wells.

    In other words, when treating the fracking chemicals exactly as the associated water from these wells there is no health hazard at all.
    Other countries have regulated the type of chemicals used, this has not at all stopped companies investing in those places, the process depends mainly on water, sand (a ceramic called proppant) and high pressure.

    Oh yes, the frack itself costs per well between half an hour and maybe two hours at the most, plus a couple of days rigging up and down.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  17. Re:mystery ailments by mysidia · · Score: 3, Informative

    I would bet you'd be hard pressed to find a household that hasn't had someone with 1 or all of them at some point in any given 12 month period

    You think it is perfectly normal for a family of 3... all 3 of them to start experiencing all these symptoms simultaneously with extreme severity? It doesn't matter how common you think the symptoms are. This is not explainable as a normal phenomenon. It is a definite indication of a problem, possible poisoning. They are also miserable symptoms to suffer.

    There are 60 or so chemical elements found in every person on the planet

    See this article, Page 2A this article

    "I hired someone to do water and air sampling at the home," she said. "The methane level in my daughter's room was at asphyxiation levels. And it was barely lower than what it was outside our home."
    "She showed the results to her doctor, who told her to leave her home within 48 hours."

    .... ....

    In early fall 2009, she visited an environmental doctor who confirmed the presence of neurotoxins in her blood that matched chemicals used in natural gas production.

    Medical tests confirmed the toxins in Lisa's system matched toxins found in the atmosphere in an air-quality investigation conducted by the Texas Commission of Environmental Quality (TCEQ) at a nearby gas well site.

    On the evening of July 25, 2010, the Parrs smelled as trong odor emanating from a frac tank at a site operated by Arbua Petroleum of Plano. They reported it to TCEQ. Investigators arrived within hours to capture air samples.

    Odors were detected up to a quarter-mile from the well site.
    The investigator, Damon Armstrong, reported that a "plume" wafting from the tank was "visible with the naked eye." The petroleum-like odor was so intense the investigator himself felt sick in the short time he was there.

    Noting dizziness and sore throat.

    The analysis found five compounds that exceeded safe values for short-term health effects, and another 20 exceeded safe levels for long-term effects.


    The investigation found elevated levels of ethane, pentane, bexane, octane, xylene, and nonae, all potentially toxic chemicals.

    Four days later, a medical test discovered the same chemicals inside Lisa.

    "The environmental specialist ran numerous tests on me." Lisa said, "I had about 20 of the chemicals they use in the oil and gas industry in my tissues and in my blood system. Never in my life had I been so sick."

    Aruba operates many of the 21 gas wells surrounding the Parr Home. TCEQ has received dozens of odor, spill, and nuisance complaints from Allison residents in the community over the past year.

    Enforcement actions are pending against two nearby Aruba sites, one for nuisance and another for violations without authorization.

    The company has been fined more than $30,000 in the past year by TCEQ for operations in the Allison area.

    The July 25 report recommended Aruba receive two more violations. One was for contaminants being in such concentration and of such duration ... to be injurious to or to adversly affect human health or welfare, animal life, vegetation, or property." A second was for failure to claim authorization for a facility emitting air contaminants.


    No gas wells are in the Parrs' 40 acres. The wells in question surround their land, hundreds of yards removed from the home. But their location makes it a natural pocket for collecting heavy toxins.


    "We live below a ridge in a little valley," Bob said. "At night when the wind dies down, anything down here sits and settles. Some of these chemicals and toxins are heavier than the air."


    "I was pretty much losing my memory," she said "I couldn't walk straight, and I kept falling down. I