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Dec. 15, 2011
by Greg Masters
Capital News Service
ANNAPOLIS – A commission tasked with advising Maryland on possible shale gas production supports a change in the law that would make it easier for landowners to bring claims against drillers regarding water contamination and other damages near hydraulic fracturing, or "fracking," sites.
The new law, which commission chair and Towson University professor David Vanko said has "pretty broad support" from the commission, would shift the burden of proof to energy companies by creating a "rebuttable presumption" that drilling activity causes certain kinds of damages occurring close in time and in proximity to natural gas operations.
"I think (asymmetry of resources) always has been an issue in litigation, particularly where an aggrieved party, Joe Homeowner, is suing a Fortune 500 company," said Harry Weiss, a lawyer in the Philadelphia-based law firm Ballard Spahr and a member of the advisory commission. Weiss said Pennsylvania already has a similar presumption statute for damages that occur near natural gas operations.
This and other changes to the state's liability structure, as well as potential revenue sources from gas drilling, will be included in a set of recommendations due Dec. 31 – the first milestone in a three-year study that Gov. Martin O'Malley required by executive order in May.
More here.
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