4th Circ. Says Chesapeake Can Discharge On Private Land

Law360, Los Angeles (September 4, 2013, 5:05 PM EDT) -- The Fourth Circuit on Wednesday found that a unit of Chesapeake Energy Corp. has the right to dispose of waste on private land that isn’t part of its drilling operations because the company had the proper permits to dodge a common law trespass claim.

The three-judge panel said in a published opinion that Martin and Lisa Whiteman, the landowners who alleged their property was destroyed by Chesapeake Appalachia LLC’s drilling operations, didn’t sufficiently argue the driller was harming their property when it dumped gas drilling waste...
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