Category Archives: Litigation

Texas Appeals Court Allows Countersuit for False Fracking Claims

The Texas Second Court of Appeals in Fort Worth held on Tuesday that Range Resources Corp. (“Range”) can pursue claims for defamation and business disparagement against Steven and Shyla Lipsky. In June 2011, the Lipskys sued Range, and several other defendants, alleging that Range’s drilling, including hydraulic fracturing, had caused the water from the well on their property to become flammable.  As a result, the Lipskys claimed, they could no longer reside at their home.  Range countersued for civil conspiracy, aiding and abetting, defamation, and…

Continue Reading....

Wyoming Supreme Court to Determine Whether Individual Ingredients Used In Fracking Operations Are Protected from Disclosure as Trade Secrets

As a result of an appeal filed earlier this week by a coalition of environmental and landowner groups, the Wyoming Supreme Court will consider and ultimately decide whether owners and operators of gas wells may block the disclosure of the individual ingredients used in their fracking operations to the general public.  This dispute stems from a rule promulgated by the Wyoming Oil and Gas Conservation Commission (“oil and gas commission”), effective August 17, 2010, mandating the disclosure of the individual ingredients used by fracking owners/operators…

Continue Reading....

California District Court Rules That Bureau of Land Management Did Not Perform Sufficient Study

A California federal district court decision held that the federal Bureau of Land Management did not sufficiently study potential environmental impacts from fracking prior to issuing leases on government property associated with natural gas development.  Environmental groups that pushed the lawsuit praised the decision in their push against any hydraulic fracturing.  It is unclear whether the decision will be appealed to the Ninth Circuit.  The facts of the case are as follows.  In the MonterreyPeninsula, the BLM had granted leases for the development of natural…

Continue Reading....

Fracking Chemicals Remain Trade Secret In Wyoming

Wyoming District Court Judge decided that the list of ingredients in frac fluid are to remain trade secrets and, as such, cannot be disclosed in a lawsuit filed by environmental groups seeking public disclosure of the fluids.  Under Wyoming’s regulatory scheme, companies are not required to disclose their trade secret formulas. UnknownAmong obvious the reasons for honoring a company’s trade secrets is the fact disclosure would allow competing companies to simply steal the formula. According to Judge Wilking, “the court feels these competing concerns are…

Continue Reading....

Simple Contractual Steps That Can Help Minimize Risk

In the latest issue of the National Driller magazine, Goldberg Segalla attorneys Tom Segalla, Matthew Cabral, and Andrew Scholz address the many practical, risk reducing steps the driller can employ. The article analyzes, for example, how indemnity clauses and insurance can help minimize the risks from hydraulic fracturing.   The article follows from an earlier January 2013 National Driller article which analyzes the present day litigation risks to the Driller.…

Continue Reading....