Northern Natural Gas Company v. L.D. Drilling, Inc., et al, No. 11-3024 (10th Cir. 2012)
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In consolidated interlocutory appeals, Defendants-Appellants, natural gas producers with wells in south central Kansas, challenged a preliminary injunction enjoining them from further gas production from those wells. The district court entered the preliminary injunction after concluding there was a substantial likelihood that Plaintiff-Appellee Northern Natural Gas Co. would prevail on its state-law claim alleging that Defendants' natural gas production from these wells was an actionable nuisance because it was disrupting Northern's nearby underground storage of natural gas. The parties agreed that, to prevail on its nuisance claim, Northern needed to establish four things: 1) Defendants acted with the intent to interfere with Northern's use and enjoyment of the storage field; 2) there was some interference with the use and enjoyment of the Field of the kind Defendants intended; 3) that interference was substantial; and 4) the interference was of a such a nature, duration or amount as to constitute unreasonable interference with the use and enjoyment of the Field. Upon review, the Tenth Circuit affirmed, concluding that district court did not abuse its discretion in determining that there was a substantial likelihood that Northern could prove all four of those elements of its nuisance claim.
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