ELR Citation: 54 ELR 20023
No(s). 23-7001 and 23-7020 (10th Cir. Feb 13, 2024)

The Tenth Circuit, 2-1, affirmed in part and reversed in part summary judgment for an oil and gas company in a lawsuit brought by a cattle ranch in Oklahoma. The ranch brought several tort claims, arguing the company's pipeline leaked and contaminated its property. A district court concluded the contaminant levels found were too low to give rise to a nuisance or environmental harm, and granted summary judgment for the company. The appellate court found the ranch presented sufficient evidence to create a genuine issue of material fact as to legal injury and causation on its claims for private nuisance, public nuisance, and negligence per se, but not on its claims for constructive fraud and trespass. It remanded to the district court with directions to conduct a trial on the issues of private nuisance, public nuisance, and negligence per se.