The US District Court for the District of Wyoming has denied defendant Encana Oil & Gas (USA) Inc's motion for summary judgment, allowing the plaintiffs' fraud, nuisance, negligence and other common law claims in connection with alleged water contamination from hydraulic fracturing near Pavillion, Wyoming to go forward.
The plaintiffs claimed that a company which Encana later acquired had contaminated their drinking water and subsequently committed fraud by failing to test the drinking water for petroleum in line with a 2003 settlement.
In denying Encana's motion for summary judgment, the court rejected the company's argument that the 2003 settlement had barred the plaintiffs' claims. The court also determined that disputed issues of fact remained as to whether the statute of limitations had run out for the case's claims. The case will now proceed to trial.
For further information on this topic please contact Samuel B Boxerman, Eugene R Elrod, Terence T Healey or Kenneth W Irvin at Sidley Austin LLP by telephone (+1 202 736 8000) or email ([email protected], [email protected], [email protected] or [email protected]). The Sidley Austin LLP website can be accessed at www.sidley.com.