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Title: Branch v. Western Petroleum: Utah adopts principles of strict liability and nuisance per se for the pollution of ground water

Journal Article · · J. Energy Law Policy; (United States)
OSTI ID:6699776

The Utah Supreme Court held in Branch v. Western Petroleum, Inc. that the oil company was strictly liable for contamination an adjoining land owner's culinary well water, and found the company liable for compensatory damages. The water contaminating was caused by the percolation of toxic chemicals into the ground water from a pond used for waste water from the oil wells. The author discusses the various theories used to determine liability for polluting ground water, examines the Utah Supreme Court's analysis and application of those theories in the case, and evaluates the propriety of damages awarded. 77 references.

OSTI ID:
6699776
Journal Information:
J. Energy Law Policy; (United States), Vol. 5:1
Country of Publication:
United States
Language:
English