Category Archives: Litigation

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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Texas Lawsuit Commenced Over City Ordinance Ban

UnknownThe issue of whether a municipality has the power to outright ban hydraulic fracturing has presented itself in the State of Texas.   On November 4, 2014, votors passed an ordinance that banned hydraulic fracturing in the City of Denton.   The municipality sits atop the Barnett Shale.    The ordinance provides, in pertenant part, as follows: It shall be unlawful for any person to engage in hydraulic fracturing within the corporate limits of the City…  The violation of or noncompliance with this article by any person, firm,…

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Top Weekly Legal Fracking Stories

136000087456h8zWith summer quickly coming to a close, fracking litigation has picked up.  The following are some rerports of new lawsuits that were recently filed:

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New York Fracking-Related Land Use Litigation Heats Up

newyork-flag Recent events arising out of New York’s moratorium on fracking, as well as localalities’ outright bans on said practice, are causing a rapid uptick in land-use litigation. For example and as had been expected, an appeal has been filed with respect to recent decision from the Supreme Court– New York’s trial level court–that dismissed challenges by landowners and others to continued delays by the State of New York with respect to whether to permit hydraulic fracturing. Those that have followed New York’s regulatory history…

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Pennsylvania Doctor’s Attack on “Medical Gag Rule” Dismissed

On Monday, a Federal District Court granted motions dismissing Dr. Alfonso Rodriguez’ lawsuit as against the Pennsylvania Department of Environmental Protection and Attorney General on the grounds that Dr. Rodriguez lacks standing to sue. Dr. Rodriguez’ lawsuit challenged the constitutionality of, what he called, the Medical Gag Rules of Pennsylvania’s Act 13.  The Medical Gag Rules provide that under certain circumstances, including when the information is necessary for diagnosis or treatment, doctors may request that fracking companies identify chemicals used in the procedure that are…

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