The federal district court for the District of Colorado granted a motion by Colorado landowners for class certification to pursue claims based on allegations that the defendant companies took unlawful actions to escape the costs of plugging orphaned oil and gas wells on the plaintiffs’ land. Among the alleged harms of the unplugged wells were methane emissions. The court found that the plaintiffs met the prerequisites for certification in Rule 23(a) of the Federal Rules of Civil Procedure, i.e., that the class was so numerous that joinder of all members was impracticable; that there were questions of law or fact common to the class; that the claims or defenses of the representative parties were typical of the claims or defenses of the class; and that the plaintiffs would fairly and adequately protect the interests of the class. The court further found that the plaintiffs satisfied the requirements of Rule 23(b)(2) for certifying a class for declaratory and injunctive relief common to the whole class as well as the requirements of Rule 23(b)(3) that “questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.”

Colorado landowners' lawsuit seeking to hold defendants accountable for obligations to plug defunct oil and gas wells and reclaim and remediate surface properties.

McCormick v. HRM Resources, LLC

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Colorado Federal Court Certified Landowners Class in Orphaned Wells Suit

Filed

United States of America

Colorado

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Colorado Federal Court Certified Landowners Class in Orphaned Wells Suit

Policy instrument

Impacted group

Fossil fuel

Economic sector

Adaptation/resilience

Finance