What Are Potential Damages in a Fracking Property Contamination Case?
Fracking, or hydraulic fracturing, is a controversial method of extracting natural gas and oil from deep underground. Unfortunately, there have been instances where fracking activities have led to property contamination, which can cause a range of damages to property owners.
In a fracking property contamination case, potential damages may include:
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Diminished Property Value: Property owners may experience a decrease in the value of their real estate due to concerns about contamination and the potential health and environmental risks associated with fracking operations nearby.
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Property Remediation Costs: Property owners may incur expenses related to cleaning up or mitigating contamination on their land. This could involve the removal of contaminated soil, groundwater treatment, or other measures to restore the property’s safety and usability.
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Loss of Use: If the contamination renders the property unusable, property owners may be entitled to damages for the loss of use of their land during the cleanup or due to long-term contamination.
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Healthcare Costs: If residents or property occupants suffer health issues as a result of exposure to contaminated water or air, they may seek compensation for medical expenses, including doctor visits, hospitalization, and ongoing treatment.
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Property Damage: Contamination can cause damage to buildings, structures, or personal property on the affected land. Property owners can seek compensation for the repair or replacement of these items.
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Loss of Income: If the contaminated property is used for commercial purposes, such as farming, the contamination can lead to reduced or lost income. Property owners may be entitled to compensation for this loss.
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Emotional Distress: Living with the knowledge that one’s property is contaminated can lead to emotional distress and anxiety. Property owners may seek damages for the emotional toll caused by the contamination.
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Environmental Cleanup Costs: In some cases, property owners may be responsible for environmental cleanup costs related to contamination on their land, and they may seek reimbursement for these expenses.
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Punitive Damages: In cases where the responsible party’s actions are deemed particularly reckless or intentional, punitive damages may be awarded as a way to punish the responsible party and deter similar conduct in the future.
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Injunctions: In some cases, property owners may seek court orders to stop fracking operations near their property, prevent further contamination, or require the responsible party to take specific actions to prevent harm.
It’s important to note that the specific damages available in a fracking property contamination case can vary depending on the circumstances, location, and the applicable laws.
If you believe your property has been contaminated due to fracking activities, it’s essential to consult with an attorney who specializes in environmental and property contamination law to assess your situation and determine the potential damages you may be able to pursue.
Industrial Pollution & Illness
Benzene Exposure Feared in Residential Communities from Fracking Pollution. Contamination leads to AML and MDS cases.
Ohio and other states with fracking potential have been dealing with the environmental consequences of lucrative oil and gas production. Recently, a Colorado family, with a reported 158 fracking wells within a one-mile radius of their home and children’s school, are questioning how they can live a healthy lifestyle when toxins like benzene, ethylbenzene, and o-xylene are polluting their bodies and home.
A six-year-old boy has tested positive for benzene exposure in Erie, Colorado, due to fracking pollution surrounding them most of the day and night. Their health is seriously compromised, and it is clear what is causing the issue.
Oil and gas companies like to downplay the risks of their energy harvesting, though at the same time, studies have told the real story for years: Benzene and other chemicals used in the fracking process are known cancer-causing agents, and fracking pollution is a serious threat to public health.
In the case of the Colorado exposure, a doctor conducted a volatile organic compounds (VOC) blood level test on the aforementioned boy and showed he is in the 85th percentile for benzene and two other cancer-causing chemicals—ethylbenzene and o-xylene. The family has alerted the media, as well as the Colorado Department of Public Health and Environment, though legal action may be the only course to ultimately compensate the family for the past and future damage of the benzene exposure.
Fracking Contamination May Cause Cancer
Benzene is a naturally-occurring part of crude oil and gasoline and is known by the U.S. Environmental Protection Agency (EPA) and the World Health Organization (WHO) as a likely carcinogen.
According to the Ohio Department of Natural Resources, more than 80,000 oil and gas wells in Ohio were stimulated with hydraulic fracturing from the 1950s to 2014. In 2020 the energy industry shows no sign of slowing.
Benzene can cause the bone marrow not to produce enough red blood cells, leading to anemia, as well as damage the immune system by changing blood levels of antibodies and the loss of white blood cells.
The health effects of Benzene on a child can be even more perilous, and a major cause for concern for those living near fracking sites. Recent studies suggest links to childhood leukemia (Acute Myeloid Leukemia), myelodysplastic syndrome (MDS), acute lymphocytic leukemia (ALL), chronic lymphocytic leukemia (CLL), and other blood-related cancers like multiple myeloma and lymphoma in adults.
