A federal appeals court has declined to revive a proposed class action by Oklahoma homeowners accusing Chesapeake Operating LLC, Devon Energy Production and five other energy companies of increasing the occurrence of earthquakes in the state with hydraulic fracturing, raising the homeowners’ costs of earthquake insurance.
In a decision on Friday, a unanimous three-judge panel of the 10th U.S. Circuit Court of Appeals affirmed a lower court’s ruling that Oklahoma law does not allow the recovery of increased insurance premiums based on a risk that never materialized. None of the homeowners alleged that they had suffered any actual earthquake damage, the panel noted.
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