A jury has awarded damages in a second nuisance case against an operator, this time against Chesapeake Energy. In Crowder et al. v. Chesapeake Operating Inc., case number 2011-008169-3, in Tarrant County Court at Law, the jury awarded the Crowders $20,000 for what the jury found to be a temporary nuisance – drilling operations conducted by Chesapeake in a field behind their house, where Chesapeake has drilled 13 wells. The Crowders complained of offensive odors and extensive noise. The jury failed to find that Chesapeake’s operations created a permanent nuisance, which would have entitled the Crowders to additional damages. The Crowders filed their suit in 2011.
While the jury award in Crowder will not excite plaintiffs’ attorneys to look for additional such cases — unlike the $2.9 million verdict recently awarded in another case, Lisa Parr v. Aruba Petroleum, Cause No. 11-01650-E, in the County Court at Law No. 5 of Dallas County — the case does show the viability of nuisance claims aimed at oil and gas operations near residences, especially in urban areas.
The Dallas city council recently adopted a drilling ordinance prohibiting well locations within 1,500 feet of any residence, effectively prohibiting most drilling within the city limits. The setback in Fort Worth is 600 feet. There are more than 1,700 wells in the City of Fort Worth.