ELR Citation: 41 ELR 20270
No(s). 4:11CV00420-BRW (E.D. Ark. Aug 10, 2011)

A district court denied an energy company's motion to dismiss residents' tort law claims against it for damages stemming from its operation of natural gas compression stations. The residents alleged that the compressor stations cause harmful levels of noise pollution and emit large amounts of methane and hydrogen sulfide, among other flammable and noxious gasses. They offered multiple theories of liability, including strict liability, nuisance, trespass, and negligence. Despite the company's arguments to the contrary, the residents sufficiently pleaded plausible facts supporting their theories of liability. It seems plausible that the compressor station could cause the injuries alleged in the residents' complaint and that the company is sufficiently connected to the operations of the facility. In addition, aside from the issue of attorney fees (Arkansas law does not permit awards of attorney fees for tort actions), the company's motion to dismiss certain claims for relief was premature. Likewise, it is too early at this stage of the litigation to strike the residents' class action allegation.