Earthquakes are induced by various human activities, including fluid injection for waste disposal and secondary recovery of oil, oil and gas extraction, geothermal energy production, reservoir impoundment, mining and quarrying. Such earthquakes some times cause damage. Because these earthquakes are not free from human interference, the damage they cause cannot be excused as an act of God. A direct chain of causation can be establish between the inducing activities, the quakes and the resulting damage. Strict liability for damage caused by induced earthquakes can be based on trespass law, the doctrine of Rylands v. Fletcher, or the tests of the First and Second Restatements of Torts. In states where strict liability is not recognized for concussion damage, negligence may provide a basis for liability. A swarm of induced earthquakes may also constitute a private nuisance.
Citation: Journal of Environmental Law and Litigation, vol. 9, pp. 551-589, 1994 [9 J. Envtl. L. & Litig. 551 (1994)]
"FRACKING" WARNINGSome people have been abusing this web resource by claiming that it supports the claim that "fracking" which is properly called "hydrofracturing" induces earthquakes. This is untrue. None of the the papers on this website investigates or supports the claim that hydrofracturing induces earthquakes. All legitimate research has found no evidence of this. "Injection induced earthquakes" are NOT caused by hydrofracturing. Injection of fluids for the purpose of waste disposal or well stimulation is NOT "fracking." Injection of fluids CAN induce earthquakes in some circumstances. Hydrofracturing has NOT been found to induce earthquakes. |