Author Archives: Andrew J. Scholz

Top Fracking Related Legal Stories of the Week

imagesHere are the top fracking related legal stories of the week:

  1.        North Carolina fast tracking fracking regulations.
  2.        DOI and BLM Named In Navaho Reservation Related Lawsuit.
  3.        Bill Introduced In House of Representatives To Compensate 
    Landowners For Fracking Bans.
  4.        Study Ties Hydraulic Fracturing to Seismic Activity.
  5.       Antitrust Lawsuit Filed Related to Marcellus Shale Gas Royalties

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Locality Challenges US Army Corps of Engineers’ Permit Process

355px-United_States_Army_Corps_of_Engineers_logo_svgAccording 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…

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Hydraulic Fracturing Banned in New York

New York Governor Andrew Cuomo announced today that he will prohibit high-volume hydraulic fracturing within the shale-rich state. The decision comes after years of debate and behind-the-scenes health studies. Health commissioner Howard Zucker reportedly said that he “cannot support” the practice and Governor Cuomo noted those statements are what led to his decision to ban fracking. According to the Wall Street Journal, the Governor said, “I don’t think I even have a role here.” It is unclear whether the decision can be overturned by…

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Jury “Earthquake” Discussions Did Not Warrant New Trial

The Eight Circuit, in a case involving a determination regarding the amount of damages to property owners purportedly caused by vibrations from drilling operations, has refused to order a new trial arising out of an energy company’s challenge to a jury verdict against it where the jurors discussed “fracking” and “earthquakes” even though there was no evidence at trial regarding those activities. Specifically, during jury deliberations in Ruby Hiser v. XTO Energy, 768 F.3d 773 (8th Cir. 2014), the jury inquired of the court: …

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This Week’s Top Stories In Hydraulic Fracturing Law

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