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View Diary: Fact Checking Josh Fox/Gasland #2; Oil/Gas Industry NOT Exempt from Clean Air/Clean Water Acts (133 comments)

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  •  But, if it wasn't there before (3+ / 0-)
    Recommended by:
    Ashaman, Chinton, julesrules39

    And now it is after fracking is done in the area, then it's not natural.

    Women create the entire labor force. ---------------------------------------------------------------------------------------- Sympathy is the strongest instinct in human nature. - Charles Darwin

    by splashy on Sun Jul 07, 2013 at 01:22:36 PM PDT

    [ Parent ]

    •  And in such a situation, the oil and gas operator (2+ / 0-)
      Recommended by:
      Ashaman, Adam AZ

      should be and must be liable/accountable if they have caused such a problem.

      The problem is that if an oil and gas operator has caused a problem and admits to and settles with a complainant over a practice causing a problem that it is responsible for....then there is a strong likelihood that the operator failed to carry out there responsibilities under their well permit.   The problem becomes one of whether a state regulatory authority is going to somehow put an operator under a requirement that all known violations of its rules and permit requirements are subject to mandatory reporting by operators.   Oil and gas companies should not be allowed to evade such reporting to state regulators if they have concluded they are responsible and have settled with a complainant.

      This problem rapidly gets complex as it deals with issues like whether criminal liability covers or comports with the self-report requirements (i.e. you can't require self-incrimination in criminal environmental enforcement)....so it might only be available in civil enforcement.

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