Author Archives: Andrew J. Scholz

U.S. Energy Information Administration Releases Interactive State by State Web site

The U.S. Energy Inforamtion Administration released an interactive Web site analyzing each state’s energy resources and consumption.  A cursery review of the EIA’s summary of indicates that, as related to natural gas, the Marcellus shale underlying southwestern New York is estimated to hold in excess of 141 trillion cubic feet of recoverable natural gas. New York ranks 22nd out of 50 states in terms of yearly natural gas production.  This is obvoiusly due to New York’s current status in not making any decisions to expandnatural…

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New United Kingdom Study Finds That Fracking Not A Cause of Earthquakes

logounidurham-newDurham University scientists have studied and found that hydraulic fracturing is not a cause of earthquakes.  The study, entitled “Induced Seismicity and the Hydraulic Fracturing of Low Permeability Sedimentary Rocks” specifically concludes after extensive study that fracking  has only caused significant tremors in three cases. According to Professor Davies: “In almost all cases, the seismic events caused by hydraulic fracturing have been undetectable other than by geoscientists. It is also low compared to other manmade triggers.  Earthquakes caused by mining can range from a magnitude…

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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…

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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…

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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.…

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