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UC Law Environmental Journal

Michael McRoy

Abstract

In the last twenty years, seismicity in Texas has reached unprecedented levels, surpassing even those in California. Experts have theorized that oil and gas operations, specifically wastewater removal, are the leading cause of this seismic uptick. While scientists and the state continue to refine their understanding regarding the links to oil and gas operations and increased seismicity across the state, the unfortunate reality is that many homeowners are facing the damage from increased seismicity alone.

Currently homeowners find themselves in a legal and financial quagmire: private earthquake insurance is unjustifiably expensive, riddled with exclusions, and accompanied by an unsophisticated claims process, and the common law remains inaccessible due to the near impossible hurdle that specific causation presents for recovery.

To address this growing crisis, the creation of a quasi-state earthquake authority, similar to the California Earthquake Authority, is essential. Such an authority could provide affordable earthquake insurance coverage, streamline reliable claims processing, and ensure homeowners have a reliable form of recourse so they need not turn to fleeting forms of recourse like the common law. By establishing a reliable and accessible system for homeowners to recover from earthquake damage, Texas can mitigate the costs of induced seismicity and continue to provide for the prosperity of the state.

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