Federal Court Remands Fracking Earthquake Suit against Oil Companies to State Court; Remand Order Turned on Meaning of “Tribal Lands”

Here are the materials in Adams v. Eagle Road Oil LLC (N.D. Okla.):

12 Cummings Motion to Dismiss

19 Eagle Road Motion to Dismiss

27 Adams Motion to Remand

33 Cummings Opposition to Remand Motion

36 Adams Reply

37 DCT Order Granting Motion to Remand

Complaint in Pawnee Nation lawsuit for Earthquake Damage caused by Wastewater Injection

Here is the complaint filed in the Pawnee Nation Tribal Court in Pawnee Nation of Oklahoma v. Eagle Road Oil LLC, et al.

On Friday, March 3, the Pawnee Nation sued 27 companies that operate wastewater disposal wells used in fracking operations in and near Pawnee, Oklahoma.  The complaint alleges that the actions of the defendants have contributed to earthquakes and resulting damage to the Pawnee Nation of Oklahoma, and it includes claims based on strict liability, negligence, private nuisance, and trespass. The Tribe seeks compensatory and punitive damages.

Pawnee Nation sues several oil and gas companies in Tribal Court for quake damage

We noted last November that the Pawnee Nation sued the Dept. of Interior in federal district court to challenge the approval of federal oil and gas leases on tribal lands here.

Today, several news agencies here, here, and here report that the Pawnee Nation has sued 27 oil and gas companies in the Pawnee Nation Tribal Court for damage caused by earthquakes.  Earthquakes have been associated with wastewater injection practices used in conjunction with hydraulic frackingLast September, the Pawnee Nation suffered damage to historic buildings due to a 5.6 magnitude earthquake.

We’ll post a copy of the complaint as soon as it becomes available.

 

Documents in Penn West v. Ominayak, et al

The ex parte application for injunction here. Hearing on the application is this afternoon.

Affidavit of a general manager of Penn West, with supporting documentation (PDF, 100+ pages).

Thanks to and via @LandOccupations

Toronto Star Column on Elsipogtog and Canadian Law

Here.

In 1997, the landmark Supreme Court Decision in Delgamuukw finally clarified that even under Canadian law, Aboriginal title to most of the land within British Columbia’s provincial borders had never been extinguished. This ruling had immediate implications for other areas of the country where no treaties ceding land ownership were ever signed. One day, Canadians woke up to a legal reality in which millions of acres of land were recognized as never having been acquired by the Crown, and that elephant has been occupying our national room ever since.

Unfortunately, this glaring issue did not seem to percolate into the wider Canadian consciousness, and many people remain unaware of it. In 1999, the Supreme Court passed down another judgement confirming that the Peace and Friendship Treaties of 1760-1761 did not cede land or resources. This cannot be emphasized strongly enough: the Mi’kmaq never gave up legal rights to their land or resources. Canada does not own the land that the people of Elsipogtog are defending.

This is not conspiracy theory, or indigenous interpretation. This is Canadian law, interpreted by the Supreme Court of Canada, applying Canadian constitutional principles. Yet somehow, this most important fact is left out of most reports on Elsipogtog as though it is barely relevant.

Shale Gas Company (SWN) Loses Bid for Injunction to Halt N.B. Protests

Just a few hours ago, “[a] request by SWN Resources Canada to extend a court injunction that prevents anyone from impeding its exploration activities in New Brunswick has been denied by a judge.  Justice George Rideout issued a ruling Monday afternoon after hearing arguments in the Court of Queen’s Bench on Friday. Rideout did not state his reason in court, but said he would issue a written decision.”  Click here for the story from CBC news.

Coverage of Elsipogtog via Twitter Feed

As with Idle No More coverage (and for the same reasons), we’re using twitter (@ILPCTurtleTalk) to retweet coverage and photos from Elsipogtog and other related protests. Our retweets are also automatically posted to our Facebook page.