Illinois Appellate Court Upholds Denial of Injunction To Property Owners

An Illinois appellate court has upheld a lower court’s denial of injunctive relief to certain landowners who sought to enjoin Illinois, via its regulatory body, from enforcing newly adopted hydraulic fracturing regulations in the state. Specifically, in Smith v. Dep’t of Resources, NO. 5-14-0583, 2015 Ill. App. LEXIS 536 (Ill. 5th Dist. App. July 10, 2015), Plaintiffs commenced an action against the Illinois Department of Resources, among others, seeking a preliminary injunction to stop the state from implementing the regulations recently adopted by the state.   Previously, Illinois passed the Hydraulic Fracturing Act (225 ILCS 732/1-130 (West Supp. 2013)), which empowered the state’s regulatory body to adopt rules under the act. During the process of adopting the relevant rules, plaintiffs, who were essentially comprised of landowners, filed an action in the Madison County ...
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Top Fracking Related Legal Stories For The Week

North Carolina Fracking Permits Hit Lawsuit Snag New York Unveils Its Fracking Prohibition Regulations Utah Joins Other States That Seek To Challenge BLM Regulations SMU Releases Study Related To Seismic Activity and Hydraulic Fracturing
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BLM Promulgates Regulations and A Lawsuit Is Filed

The Department of the Interior Bureau of Land Management has released federal regulations regarding hydraulic fracturing on federal lands.  Here are some of the highlights of the regulations, which go into effect in approximately 60 days: Chemical Disclosure Requirements:   Within 30 days of completed operations, companies are required to disclose the additives used for frac fluids.  Companies are to use FracFocus as the vehicle for those disclosures.  If the additives contain trade secrets and therefore they should not to be disclosed, a process, including an affidavit, is to be followed for submission to the BLM. Geological data:  Companies are required to provide information to the BLM regarding the wellbore geology. Well casings standards:  The casing and cementing shall follow “best practices” in the industry. Monitoring:  Well casings are to be monitored throughout the process. Immediately following the ...
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Top Fracking Related Legal Stories of the Week

Here are the top fracking related legal stories of the week:        North Carolina fast tracking fracking regulations.        DOI and BLM Named In Navaho Reservation Related Lawsuit.        Bill Introduced In House of Representatives To Compensate  Landowners For Fracking Bans.        Study Ties Hydraulic Fracturing to Seismic Activity.       Antitrust Lawsuit Filed Related to Marcellus Shale Gas Royalties
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Locality Challenges US Army Corps of Engineers’ Permit Process

According to reports, another lawsuit has been filed in Louisiana by a locality seeking to stop fracking within its boarders.  This time, the United States Corps of Engineers has been sued in the United States District Court for the Eastern District of Louisiana for its permit approval of hydraulic fracturing activity in wetlands.  The Town of Abita Springs claims that the Corps did not follow requisite protocol prior to issuing a permit, such as a public hearing.  The permit allows an energy company the opportunity to perform vertical well drilling near Interstate 12 on an approximately 3 acre area of wetlands.  The aforementioned suit follows from two recent lawsuits commenced by the Town of Abita Springs and the nearby St. Tammany Parish.  In both of those cases, the localities challenge the state government’s approval of ...
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