Regulators Of Fracking Negligent? Alberta Case Cut Down

Can energy and environmental regulators be successfully sued if they allow fracking to contaminate drinking water? Jessica Ernst is trying with her lawsuit against EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the contamination of her property and drinking water due to EnCana's fracking program. But she has just had a major setback.

We first wrote about her claim in 2011. At the time, we predicted that stronger regulations were coming. Two years later,  Quebec has proposed legislation to impose a 5-year moratorium on fracking and Newfoundland and Labrador has also announced a moratorium. Other provincial governments are under increasing pressure to do the same. Ms. Ernst's case, however, is still working its way through the courts.