What Is Fault?
Fault is when an entity intentionally or negligently fails to act reasonably, according to legal standards or one’s duty, resulting in harm to another person. This failure can arise from various factors such as ignorance, carelessness, negligence, or a lack of skill. If actions like not being aware, not taking proper precautions, disregarding others, or lacking necessary skills lead to injury to another person, they can all be considered as fault.
Legal scholar John C. Jeffries Jr. states, “Fault is the linchpin of tort liability.” Fault plays a crucial role in various aspects of law, including tort law (civil wrongs), contract disputes, and criminal law. Establishing fault is essential in legal proceedings to determine liability and to assess damages or penalties accordingly.
Fault forms the basis for legal liability and compensation. For example, in a car accident case, fault may be assigned based on factors like speeding, failure to yield, or distracted driving. For plaintiffs seeking damages, proving fault is essential to demonstrate that the defendant’s actions or negligence directly caused their injuries or losses. Conversely, defendants may argue mitigating circumstances or lack of fault to defend against legal claims.
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Pennsylvania to Vote on Regulation Establishing Cement Type for Marcellus Shale Wells
The Department of Environmental Protection (DEP) will vote on an important regulation that will require Marcellus Shale drillers to use a stronger type of cement inside the casing of the wellbores. The regulation will be part of the well construction rule that currently regulates the time the cement must be allowed to settle as well as setting limits on how much pressure can be applied to a well.
According to Range Resources, one of the Marcellus Shale drilling companies, the process to fully isolate the wellbore involves inserting multiple heavy steel casings extending from the ground surface to deep into the ground, and fully cemented into the wellbore. Once the initial wellbore cement has set, the wellbore setting is continued “from the bottom of the previously cemented steel casing to the next depth. This process is repeated using smaller diameter steel casings until the oil and gas bearing rock is reached. […]
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DEP Makes Marcellus Shale Production Data Available to Public
The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website. Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010. This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.
John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”
Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]
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Marcellus Shale Drilling Goes International
As companies discover how lucrative the Marcellus Shale region has become, more and more are trying to buy a stake to the rights of the mineral-rich property. Reliance Industries Ltd., India’s largest private-sector company, has just acquired a 60 percent stake in 104,400 Marcellus acres in central and northeastern Pennsylvania.
Reliance, which has already invested $3 billion in the purchase of shale-gas assets in Pennsylvania, believes they could yield close to 3.4 trillion cubic feet of gas. They also anticipate drilling 1,000 wells in the area over the next decade.
Other international investors include companies from France, Norway and Japan.
If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues. The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, […]
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Hazelton City Authority Investigates Drilling Rights
The chairman of the Hazelton City Authority (HCA), Phil Andras, is investigating the process of the Marcellus Shale drilling that could soon be moving into the area. Andras wants to ensure that they have the mineral rights for the 7,000 acres that the town currently owns, understand the steps needed to preserve the watershed and “spend some time learning more about the process and about the protections with the state and federal (environmental agencies).”
Andras has proposed enforcing a moratorium on Marcellus Shale drilling on HCA land until the drilling companies can prove “with a very high degree of certainty” that their operations are safe and would have no adverse environmental impact.
Another authority member, Dick Ammon agrees with Andras saying, “we want to make sure whatever’s done, we won’t pay a price down the road.” HCA members have said they are not against drilling, but they do want to ensure their watershed is protected. […]
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Over 1,400 Marcellus Shale Drilling Violations in PA
According to a report released by the Pennsylvania Land Trust Association, drillers in the Marcellus Shale region of the Keystone state have amassed 1,435 violations. The information, based on data between 1/1/2008 and 7/25/2010 from the PA Department of Environmental Protection, identifies 952 of the violations which were judged as having the most potential for direct impact on the environment.
The violations were issued to 43 different drilling companies and included violations such as: Violations of Pennsylvania’s Clean Stream Law, Discharge of Industrial Waste, Improper Construction of Waste Water Impoundments, Inadequate Blowout Prevention, and Improper Construction of Waste Water Impoundments.
Most of the violations, 277 of them, were cited for Improper Erosion & Sediment Plans Developed / Implemented. The report states that Marcellus Shale natural gas well construction requires careful adherence to the implementation of erosion and sediment plans to minimize erosion that could cause harm to the streams and rivers. […]
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