Category Archives: Litigation

Feds Argue that Environmental Impact Statement for Fracking Rules Not Required

A federal court judge heard arguments on Tuesday regarding whether New York State can sue the U.S. Government and the Delaware River Basin Commission.  The case (State of New York v. U.S. Army Corps of Engineers et al., No. 1:11-cv-02599, E.D.N.Y) was commenced by New York in an effort to force a complete environmental impact assessment of regulations that could allow hydraulic fracturing in the Delaware River basin. New York is alleging that the DRBC’s failure to undergo a complete review violates the…

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Top Developments Beginning The Week of July 16

  • Duke study providing ammunition to both sides of the water contamination debate.  (Timesleader.com)
  • Insurer announces it will not underwrite fracking.  (Wall Stret Journal)
  • New 1,230 underground natural gas pipeline being constructed to run from Pennsylvania to the Gulf Coast.  (Dayton Daily News)
  • Tennessee to consider fracking regulations this week.  (Knoxvillebiz.com)

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Summary Judgment Sought Against Claims That Fracking Caused Seismic Activity

The debate between any causal connectio between seismic activity and fracking is on-going and playing out in the form of studies, hearings and lawsuits.  For example,  In Hearn v. BHP Billiton Petroleum, 4:11CV00474 (E.D.Ark), plaintiff-property owners claim that defendant’s hydraulic fracturing activities caused seismic activity in the region and sued the defendants for negligence.  After a year of discovery, Defendants filed a motion for summary judgment, arguing that there is no causation between the seismic activity recorded in late 2010 and early 2011 in…

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Third New York Lawsuit Filed Seeking to Challenge Local Ban on Fracking

It is reported that a third lawsuit challenging municipal bans on fracking has just been filed by property owners against the City of Binghamton.  Petitioners claim that Binghamton’s two year ban is defective because the ban did not first obtain approval from the county’s planning department.   Two prior lawsuits challenging local bans against fracking were brought against the Towns of Middlefiled and Dryden.  The petitioners in those cases argued that New York State law preempted the local bans.  The Supreme Court in those cases upheld…

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New Contaminated Drinking Water Lawsuit Filed In Pennsylvania

A new lawsuit was reportedly filed in the Pennsylvania Court of Common Pleas against Range Resources, drillers, subcontractors and others.  The plaintiffs, landowners of farmland in Washington County, claim that their water was contaminated from fracking flowback and that the families and their farm animals have become ill from drinking the water.  Specifically, the plaintiffs allege that Range Resources internal testing of the well identified chemicals consistent with some of the chemicals used in fracking.  Plaintiffs claim, however, that the test results were intentionally hidden…

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