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Alberta landowners sue regulator over oil well cleanup

Alberta landowners have filed a lawsuit to argue that the energy regulator of the province has knowingly and chronically underfunded a program designed to protect the public against the costs of cleaning abandoned oil and natural gas wells.

The legal action is a culmination of years' simmering tensions between farmers, ranchers, and oil and natural gas producers in Canada’s largest energy-producing province. This province has struggled with thousands of "orphan" or "wild" wells which dot the rural landscape of Alberta.

The Alberta Energy Regulator is being questioned about its willingness to enforce environmental rules at a moment when the Canadian and Alberta government are eager to increase domestic oil production due to the escalating U.S. trade war.

Alberta has about 7,300 oil and gas inactive wells that were left in many cases due to company bankruptcy. The Orphan Well Association, a group funded by the industry and responsible for cleaning these sites and reclaiming them, has decommissioned 8,900 wells in Alberta since 2002. The cost to remediate the remaining backlog has been estimated at C$1.66 Billion.

Two landowners, the Alberta Surface Rights Federation, and the Polluter Pay Federation filed an application in an Alberta courtroom Tuesday asking for a judicial review to determine the legal responsibility of the Alberta Energy Regulator. They wanted the Alberta Energy Regulator to make sure that the burden of cleaning orphan wells falls on industry, and not the taxpayers.

The lawyer who represents landowners, Susanne Calabrese, told reporters on Tuesday that the Alberta Energy Regulator had consistently set the amount oil and gas companies have to pay in order to fund the work of the Orphan Well Association at a too low level.

The levy for this year was approximately C$154,000,000, which represents only 11% of the estimated total cost to close wells. Calabrese stated that the funding for cleaning up abandoned sites does not keep pace with the growing pile-up, which poses a 'health and safety risk to landowners -- many of whom have wells on their properties -- as wells as financial risks to tax payers.

She said, "The safety net falls further and further behind."

The Alberta Energy Regulator refused to comment on this legal proceeding.

Dwight Popowich is a landowner who has been fighting for years to clean up an inactive oil well on his property. He said that most rural Albertans are in favor of oil and gas development as long as the companies "clean up after themselves".

Popowich stated that "that promise has been broken repeatedly, both to me and to?thousands other Albertans."

Abandoned oil and gas wells are associated with many risks including methane leakage and soil and ground contamination. They also pose a financial burden for cleanup.

(source: Reuters)