"Earthquake" Ruling Is A Hidden Preemption Case

On October 26, 2014, an Oklahoma district court dismissed a case filed by a woman who alleged injuries from an earthquake she said was caused by water disposal operations. Some in the media have highlighted this as an "earthquake" case when, in fact, it is another example of judicial restraint and the application of regulatory preemption.

In reaching its decision to dismiss the plaintiff's case, the Lincoln County District Court noted that the water disposal operations had been approved by the Oklahoma Corporations Commission, which has authority over the licensing of those operations. In addition, the court noted that the plaintiff did not make any allegations that the licenses were violated by the operators in the operation of the water disposal wells.