Federal Judge Refuses to Dismiss Pa. Residents' Strict Liability Claim

HARRISBURG, Pa. - A federal judge has denied a motion by a drilling company to dismiss a strict liability claim from Pennsylvania residents' environmental suit over gas drilling in the Marcellus Shale region, saying it is premature to determine whether that cause of action applies in this case. Berish, et al. v. Southwestern Energy Production Co., et al., No. 3:10-cv-1981 (M.D. Pa.).

U.S. District Judge A. Richard Caputo issued his ruling on strict liability on Feb. 3. In the same order, the judge granted a defense motion to dismiss emotional distress claims for all but one plaintiff who actually pled …