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To: dfloydr who wrote (47663)7/9/1999 11:35:00 AM
From: SIer formerly known as Joe B.  Read Replies (1) | Respond to of 95453
 
Pollution killed cattle, judge rules

OLDS, Alta., Jul 09, 1999 (The Canadian Press via COMTEX) -- An area
rancher has been awarded $176,800 after claiming Mobil Oil Canada's
nearby oil and gas operations caused the illness and death of his
cattle.

In a written decision issued Thursday, Court of Queen's Bench Justice
Barbara Romaine said Mobil is ''liable in negligence and in nuisance
for the damage caused'' to the herd of Douglas Jones.

Environmental lawyer Richard Secord, whose clients include outspoken
oilpatch opponent Wiebo Ludwig, hailed the decision as a victory for
landowners.

''This is very positive for landowners who feel they've been hurt by
oil and gas activity,'' said Secord.

''It's going to be a wakeup call to the industry to pay attention.''

Jones, who has been ranching near Olds, in southern Alberta, for 15
years, alleged that 103 of his cattle were exposed to or ingested
harmful chemicals from 1982 to 1992.

He alleged that a series of well-site operations caused contamination,
including leaks at old drilling and sump pits, contamination at flare
pits and spills in groundwater and surface water.

Mobil operated two oil and gas well sites on Jones' property and a well
on adjoining property. The company denied responsibility for the herd's
failure to thrive and pointed to other possible causes.

Romaine however concluded the ''chronic poor performance'' of Jones'
cattle was ''caused by or materially contributed to by exposure to and
ingestion of oil and gas contaminants.''

She said the good health of the cattle when exposure to the toxic
substances was removed suggested it was ''more likely than not that
Mobil's negligence and its responsibility in nuisance caused the damage
to Mr. Jones' herd.''

A spokeswoman for Mobil said the company was disappointed the judge
didn't accept the testimony of its expert witness.

The judgment comes at a tense time between ranchers and the oil
industry.

Ludwig, 57, blames gas well emissions for health problems his livestock
and family have experienced at his communal northern Alberta farm. He
is charged with a number of offences related to acts of vandalism in
the oilpatch. (Calgary Herald)