Category Archives: Litigation

Subscribe to Litigation RSS Feed

Compliance with the Clean Air Act Increasingly Unlikely to Protect Companies from Nuisance Suits

A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick v. Diageo Americas Supply, Inc., No. 14-6198, 2015 WL 6646818 (6th Cir. Nov. 2, 2015), … Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 44

Fracking Insider Readers: We are pleased to bring you Volume 44 of our State Regulatory Roundup, including updates in California, Louisiana, and Maryland. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate … Continue Reading

A New Weapon in the Fight for Land Development: Use of Takings Lawsuits to Challenge Local Fracking Bans

Owners of land with substantial oil and gas resources have begun using the “takings” concept of property law to challenge local bans on fracking. “Takings claims,” which traditionally involve the seizure of some or all of private property without just compensation to the owner, are now being expanded by plaintiffs to encompass the idea that … Continue Reading

Enviros Sue to Subject E&P Industry to Chemical Release Reporting Regime

Several environmental groups have sued EPA, seeking a decision on a 2012 petition (“2012 Petition”) they filed with the agency, which requests that EPA add oil and gas exploration wells to the list of facilities required to report releases of toxic chemicals to the Toxics Release Inventory (“TRI”) pursuant to the Emergency Planning and Community … Continue Reading

Longmont Fracking Ban Struck Down

On July 24th, Boulder County District Judge Dolores Mallard struck down the Longmont, Colorado ban on hydraulic fracturing. The ban, which was passed in November 2013, amended the city’s charter to prohibit hydraulic fracturing. After some failed negotiations with the state, a suit challenging the law was brought a month later by the Colorado Oil … Continue Reading

Texas Jury Awards Nearly $3 Million to Family Alleging Health Problems from Natural Gas Wells

An April 22nd verdict by a Texas jury awarded $2.9 million to a family that alleged natural gas wells drilled on adjacent property by Aruba Petroleum Inc. caused significant health and economic difficulties. The jury’s five to one verdict found that although Aruba’s actions were not abnormal for the area, the company did take intentional … Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 33

Fracking Insider Readers: We are pleased to bring you Volume 33 of our State Regulatory Roundup, including updates in Colorado, Oklahoma, and Virginia. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate … Continue Reading

Heartland vs. Northeast on Federal Regulation of Methane Emissions from Oil & Gas Operations

In a May 12th letter, thirteen state attorneys general warned the EPA not to negotiate with seven Northeastern states on the subject of potential federal regulation of methane emissions from oil and gas operations, including those employing hydraulic fracturing. The states argue in their letter that the threatened lawsuit is without merit, and that any … Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 12

Fracking Insider Readers: We are pleased to bring you Volume 12 of our State Regulatory Roundup, including updates on Maryland, Colorado, Texas and a notice of intent to sue the Environmental Protection Agency, filed by multiple states. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. … Continue Reading

New York District Court Bounces NEPA Challenge – For Now

A federal court in New York dismissed a challenge alleging a failure by the Delaware River Basin Commission (“DRBC” or “Commission”), the U.S. Army Corps of Engineers, and others* to conduct National Environmental Policy Act (“NEPA”) analysis for proposed regulations that would allow fracking in the basin.  This decision was rendered in three combined cases, … Continue Reading

CBD Serves Notice

On August 28, 2012, the Center for Biological Diversity (“CBD”) served an Endangered Species Act sixty-day notice on the Bureau of Land Management, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the Secretaries of Commerce and Interior indicating its intent to sue.   The allegation?  “[F]ailing to reinitiate consultation regarding its oil and gas … Continue Reading

Trends In Natural Gas Torts

While many tort actions have been filed across the country alleging health, drinking water, and other damages from fracking operations – including earthquakes in Arkansas – there have been almost no decisions as yet in terms of liability.  The key issue in these cases is one of causation, both proximate and actual, and the burden … Continue Reading
LexBlog