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NC · jury_instructions

N.C.P.I.—Crim. 259.85

SUBSURFACE INJECTION OF WASTE. MISDEMEANOR.

activein force · 2015-06-01 – presentas-observed

The defendant has been charged with the subsurface injection of

waste.

For you to find the defendant guilty of this offense, the State must

prove two things beyond a reasonable doubt.

First, that the defendant knowingly disposed of wastes produced in

connection with oil and gas exploration, development, and production,

and use of horizontal drilling and hydraulic fracturing treatments.

And Second, it was by injection to [subsurface] [groundwaters] of

the State by means of wells.1

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant disposed of wastes produced in

connection with oil and gas exploration, development, and production,

and use of horizontal drilling and hydraulic fracturing treatments, and it

was by injection to [subsurface] [groundwaters] of the State by means of

wells, it would be your duty to return a verdict of guilty. If you do not so

find or have a reasonable doubt as to one or both of these things, it

would be your duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 259.85 (June 2015). N.C. Gen. Stat. §§ 113-395.2, 143-214.2. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-25
Edition
2026-09-24
Content hash
902b369eed516e7ffbf1289f2e869196b2c3bfe28e525c5945ecaf5748add7c1
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