Canada: Alberta Chief Justice Keeps Fracking Lawsuit Against Environmental Regulator Alive

The Honourable Neil Wittman, Alberta's Chief Justice of the Court of Queen's Bench, has ruled that a landowner is entitled to carry on her lawsuit against Alberta's Environment and Sustainable Resource Development Department (ESRD) for allegedly being negligent in monitoring and regulating EnCana Corporation (EnCana) in the hydraulic fracturing of a well, and negligent in investigating the alleged contamination of her water well.

The landowner, Jessica Ernst, originally sued EnCana, ESRD and the Energy Resources Conservation Board (ERCB) in 2007. Recently, the case against the ERCB was thrown out on the grounds that the ERCB did not owe her a private duty of care and that the legislation under which it operates provided statutory immunity.

Please review our previous blog posts on these decisions, including:

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