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Expert Analysis

10th Circ. Ruling Means More Okla. Oilfield Pollution Litigation

By Brooks Richardson, Tim Sowecke and Steven Adams ( March 1, 2024, 5:06 PM EST) -- In its Feb. 13 decision in Lazy S Ranch Properties LLC v. Valero Terminaling and Distribution Co., the U.S. Court of Appeals for the Tenth Circuit has lowered the threshold level of evidence necessary to withstand summary judgment in oilfield pollution nuisance cases, and held an Oklahoma regulation prohibiting pollution may be the foundation for a claim of negligence per se.[1]...

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