Category Archives: Litigation

Lone Pine Issue Presented to Colorado Supreme Court

UnknownThe defendants in the Colorado groundwater contamination case Strudley v. Antero Resources requested that the Colorado Supreme Court revisit the Appellate Court’s July 3, 2013 decision that vacated a trial court’s issuance of a Lone Pine order. The trial court had issued the Lone Pine order and required the Plaintiffs to establish a causal connection between the defendants’ fracking activities and Plaintiffs’  claimed personal injuries.  The trial court ultimately granted  summary judgment based on Plaintiffs’ failure to procure admissable expert testimony on the issue of…

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NY’s Highest Court to Hear Two Fracking Ban Appeals

On Thursday, the New York Court of Appeals, the state’s highest court, agreed to hear challenges to two municipal bans on fracking.  In one, drilling company Norse Energy is challenging an appellate court’s decision upholding the Town of Dryden’s ban.  And in the other, the challenge is being made by a dairy farmer against the Town of Middlefield’s ban.  In each of the cases the lower court upheld the towns’ bans on the grounds that state mining law doesn’t trump the authority of municipalities to…

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Texas Lawsuit Alleges Fracking Caused Earthquakes

Two Texas homeowners filed suit last week against several energy companies that own fracking wells near their homes in Johnson County, Texas.  The lawsuit, filed in Johnson County District Court, alleges that the fracking process has caused a sharp increase in the frequency of earthquakes in the area, which has lead to severe property damage. During a two month period in 2012, Johnson County, where earthquakes are typically rare, experienced nine.  At least one study has linked fracking to an increase in seismic activity. “We…

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Colorado Appeals Court Reverses Trial Court Lone Pine Order

Unknown In a recent appellate decision from Colorado, the Colorado Court of Appeals in Strudley v. Antero reversed the trial court’s issuance of a Lone Pine order, as well as the Court’s subsequent summary judgment decision predicated on plaintiffs’ failure to prove a causal nexus between their personal injury claims and nearby fracking activities. Specifically, the three panel appellate court ruled that the issuance of a Lone Pine order was improper under the Colorado rules of civil procedure.  The Court reviewed various federal and state cases…

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New York Appellate Court Affirms Enforceability of Local Ban Against Fracking

2687_104008550336_4278131_nIn two key decisions, New York’s Appellate Division, Third Department, affirmed two localities’ bans on fracking.  Specifically, in Cooperstown v. Town of Middlefield and in Norse Energy v. Town of Dryden, the Court reviewed whether the Supreme Court correctly rejected the energy companies’ argument that the localities’ bans on fracking were preempted by New York state law. In the respective appeals, several interests groups were granted leave to file amici curiae briefs, including environmental groups, towns, and industry.   The Court first recognized that the…

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