ALBUQUERQUE JOURNAL (NM)
AMOCO LOSES GAS-WELL CASE
Date: February 21, 1997
Section: Local News
Page: 4-D
Article written by: Scott Sandlin Journal Staff Writer
Families Allege Water Pollution
A federal jury awarded a total of $500,000 in damages Thursday
to six San Juan County families who claimed Amoco Production and
Meridian Oil had polluted their water supply by improperly
drilling natural gas wells. The jury found all damages were
caused by Amoco, not Meridian, which has since been taken over
by Burlington Resources.
Plaintiffs alleged that water quality was damaged by wells
drilled into the Fruitland formation near the Colorado border
using a new coal methane recovery method. Methane, they claimed,
had seeped into their water supply at potentially explosive
levels.
Company attorneys said the gas wasn’t methane, but naturally
occurring trace amounts of hydrogen sulfide present in the water
long before drilling began in 1989. And it wasn’t toxic anyway,
they argued.
The six consolidated cases were tried last week before Senior
U.S. District Judge Lucius Bunton of Texas, who sat by
designation after U.S. District Judge James A. Parker recused
himself.
Amoco, the jury found, was negligent in its drilling,
maintenance or operation of its wells and its conduct
constituted an invasion of the plaintiffs’ interests in the use
and enjoyment of their property.
But the jury rejected claims for physical injury, pain and
suffering and real and personal property damages and said the
plaintiffs could collect only for “annoyance, inconvenience and
discomfort.”
Hank and Mescal Dippery, Craig and Patricia Ward, and Lora Mae
and Freddie A. Clark each were awarded $50,000. Jewel Waggoner
was awarded $100,000, Linda Truett Compton $10,000 and John and
Mary R. Friend $45,000 each.
Plaintiffs’ attorney Margaret Moses Branch said the damage
awards were “very fair.”
“I think it was a sufficient amount to send the message that we
want the oil and gas industry to be concerned about the
environment,” Branch said. “They said in opening (argument) that
they were a good neighbor. Hopefully they’ll be a better
neighbor now.”
She said she was not surprised at the split liability “because
the wells that were the biggest problem were Amoco’s” and
Burlington had “shut in” its wells when it couldn’t re-mediate
the problem.
“Evidence showed Burlington acted responsibly, but I also
thought Amoco acted responsibly,” said Brad Berge, a Santa Fe
attorney representing Burlington. “We were happy with the
verdict and we think we were vindicated.”
Amoco attorney Scott Barker said he “respectfully disagreed”
with the jury verdict. “The evidence showed that Amoco not only
was not negligent, but went above and beyond in protecting the
environment,” Barker said.
He said he was happy the jury had recognized the plaintiffs’
property values were not diminished.
Burlington had four wells and Amoco had three that were targets
of the lawsuits. Branch said her firm represents 50 other New
Mexico plaintiffs with similar claims that have not yet gone to
trial, as well as related cases in Colorado.
[Keith Belt was trial Counsel along with Margaret Branch]
