Category Archives: Litigation

Fracking Litigation Comes To Florida

Environmental groups recently filed a lawsuit in the United States District Court for the Southern District of Florida, Fort Myers Division, seeking to challenge the National Park Service, Department of the Interior, and others, with respect to the recent approval of seismic testing.  Seismic testing is utilized  to identify oil and gas.  Specifically, the plaintiffs allege that the testing threatens the Big Cypress national preserve:  “Big Cypress is an extraordinary and unique national treasure. It is an extension of the Everglades hydrologic system and provides…

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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.  …

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BLM Promulgates Regulations and A Lawsuit Is Filed

Bureau_Land_Mgmt[1]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

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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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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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