Tag Archives: fracking

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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EPA Seeks Public Comment on Potential Disclosure Rules for Fracking Fluids

Late last week, the Obama administration announced first steps that could result in tighter regulation of fracking, seeking public comment for 90 days on whether it should require chemical manufacturers to disclose the contents of fracking fluids injected into shale seams. The “advanced notice of proposed rulemaking” came in response to a petition by the environmental group Earthjustice, which had asked the EPA to require chemical manufacturers and processors to publish detailed information about the content of fluids used in fracking. James Jones, the EPA’s…

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New Rules In Ohio Address Seismic Monitoring At Drill Sites

The Ohio Department of Natural Resources (ODNR) has released strict new guidelines for monitoring seismic activity at drill sites in the state. The new rules come as state officials publically acknowledge the “probable” connection between drilling operations and a series of small earthquakes that shook northeast portions of the state last month. Previous studies have found connections between the underground injection of fracking wastewater and tremors, but this latest study marks the first time that drilling operations have been linked to earthquakes in the state.…

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Ohio Court Grants Neighboring Landowners Standing to Sue to Stop Fracking

Last week, Judge Timothy Horton of Ohio’s Franklin County Court of Common Pleas granted standing to Leatra Harper and Steven Janstro of Guernsey County, who recently brought suit against the Muskingum Watershed Conservancy District (MWCD), the Ohio Department of Natural Resources, and the drilling company Antero Resources in an effort to stop fracking in the vicinity of Ohio’s Senecaville Lake. The couple filed suit back in October, eight months after MWCD and Antero Resources entered into a $40.3 million lease of the subsurface mineral…

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Arkansas Families Blame Fracking Operations for Earthquakes

In a new lawsuit, two families blame fracking operations for thousands of earthquakes that damaged property in central Arkansas in 2010 and 2011. On February 12, 2014, Daryl and Nicole Davis and Joel and Terri Van Pelt filed suit in the USDC for the Eastern District of Arkansas, Western Division, against Chesapeake Operating Inc. and BHP Billiton Petroleum, claiming the defendants’ fracking operations “caused thousands of earthquakes in mini-clusters and swarms in central Arkansas in 2010 and 2011.” The plaintiffs claim their homes and property…

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