U.S. District Judge Christopher Connor has ruled that landowner Edward Kamuck can sue Shell Energy Holdings GP over allegations that the fracking is an “ultra hazardous activity.” In a lawsuit filed in August 2011, Kamuck claims that fracking, a methodology used to extract natural gas from shale formations deep in the Earth, is an “abnormally dangerous and ultra hazardous activity” for which Shell Energy should be subjected to strict liability for “the contamination and pollutions caused by…releases, spills, sprays, emissions, discharges and flowback of hazardous chemicals and combustible gases,” Courthouse News reports.
Kamuck alleges that the fracking activities conducted by Shell has contaminated his water supply and his land, and included private nuisance claims in the lawsuit over the dust, fluid, and noise linked to natural gas drilling.
Kamuck acquired a parcel of a 323-acre tract of property which was already subject to a 10-year oil and gas lease. However, Shell requested an amendment to the lease to include the Marcellus Shale gas extraction. Kamuck refused to sign the amended lease contract, and his original lease expired in June 2011. Because of this, the court dismissed his claims that Shell breached the lease by fracking.