Nuisance Cases Against Energy Companies in Texas, Pennsylvania and Other Areas with Significant or Developing Oil and Gas Exploration

Energy companies increasingly have been the target of nuisance suits alleging that drilling operations were a nuisance to nearby residents. But saying something is a nuisance case, as the Texas Supreme Court recently noted, “does not tell you much.” A variety of things have generated nuisance allegations against energy companies, such as bright lights on drilling rigs, vibrations from drilling, odor from condensate tanks, exhaust fumes from trucks, dust from construction, and noise from compressor stations. Some cases allege personal injury; others allege only property damage. Some claim intentional behavior; some claim negligent behavior; others only claim that the condition was out-of-place with its surroundings. Given the muddled state of nuisance law, this article first outlines the history of nuisance law to give context to the present confusion. With that historical context in mind, it then discusses modern private nuisance in Texas and Pennsylvania, with reference to other jurisdictions having significant oil and gas development—what it is, what it is not, and a host of issues surrounding recent nuisance cases.