A collection of links that deal with legal issues and regulations pertaining to Marcellus Shale gas development
- - 1203 - [November 4, 2014] - Haynes and Boone's Newsroom, Donald D. Jackson, Mike Stewart - "Lightning Oil Company v. Anadarko E&P Offshore, LLC"
- "Offsite drilling is becoming increasing prevalent in the Eagle Ford Shale in Texas. Consequently, many in the industry were closely following a dispute between two neighboring operators in the Eagle Ford Shale area in which one operator opposed a neighboring operator’s plans to use offsite drilling. On October 29, 2014, the San Antonio Court of Appeals ruled that the plaintiff lease owner, Lightning Oil Co. (“Lightning”), was not entitled to a temporary injunction barring an adjoining lease owner, Anadarko E&P Onshore, LLC (“Anadarko”), from drilling through Lightning’s mineral estate to reach Anadarko's own mineral estate. Lightning Oil Co. v. Anadarko E&P Onshore, LLC, No. 04-14-00152-CV (Tex. App.—San Antonio, October 29, 2014)."
- - 1344 - [NA] - EarthJustice - Because the Earth Needs a Good Lawyer, EarthJustice - "Fending Off Fracking In Dryden, NY"
- "It all started with a billionaire fossil fuel mogul trying to run roughshod over a small town.
After the bipartisan town board in Dryden, NY (pop: 14,500) voted unanimously to clarify that oil and gas activities—including fracking—were not permitted within the town’s borders, the Anschutz Exploration Corporation, owned by Philip Anschutz (net worth: $7.5 billion), sued Dryden in an attempt to override local zoning. Earthjustice is representing Dryden in its effort to keep fossil fuel development at bay.
On June 30, 2014, the New York Court of Appeals ruled that the towns of Dryden and Middlefield can use local zoning laws to ban heavy industry, including oil and gas operations, within municipal borders."
- - 1432 - [September 23, 2013] - Oil and Gas Lawyer Blog, NA - "Supreme Court Ducks Issue of Injection Well-Subsurface Trespass"
- "On February 6, 2015, The Supreme Court of Texas released its second opinion in FPL Farming Ltd. (“FPL”) v. Environmental Processing Systems, L.C. (“EPS”). The Beaumont court of appeals had held that injected fluids that migrate beyond the boundary of the land owned by the surface owner constitute a trespass on a neighbor’s property. The Supreme Court declined to address whether or not subsurface wastewater migration is actionable as a common law trespass in Texas, and instead focused on consent as a general element of a trespass cause of action."
- - 1571 - [April 2015] - The Baltimore Sun, The Baltimore Sun - "Fracking deserves a pause"
- "How can Md. greenlight fracking when the adverse impacts put so many existing jobs at risk? The Maryland House of Delegates gave final approval Tuesday to legislation that would place a moratorium on the use of hydraulic fracturing, or "fracking," to produce natural gas in this state for the next three years. The vote was 93-to-45, a two-thirds majority. The proposal offers the kind of compromise that the state Senate and Gov. Larry Hogan ought to embrace."
- - 1572 - [March 24, 2015] - KDKA CBS Pittsburgh, NA - "KD Investigates: As Drilling Ramps Up, So Do The Lawsuits"
- "Gary Andreis’s house in Chartiers-Houston is just downhill from a natural gas compressor station which he says has flooded his yard and poisoned his well, forcing him and his family to live on bottled water.
“My water well’s contaminated,” says Andreis. “I got bad arsenic problems, other chemicals in my water well.”
Andreis blames runoff from a containment pond adjacent to the compressor station and has hired an attorney to take the owner and operator, MarkWest Energy, to court.
“We’ll be filing a suit against MarkWest,” said Charles Kurowski, Andreis’s attorney."
- - 1665 - [April 7, 2015] - The Patriot News, Matt Miller - "Court blocks environmental group's plea for radioactivity data on Marcellus Shale drilling"
- "An environmental group can't have access to raw data collected during a state probe into potential exposure to radioactivity from Marcellus Shale gas and oil drilling operations, a Commonwealth Court panel ruled Friday.
The ruling overturns a decision by the state Office of Open Records that ordered the Department of Environmental Protection to turn over that data to the Delaware Riverkeeper Network.
However, Judge Anne E. Covey wrote in the state court opinion that the information gathered by DEP's Bureau of Radiation Protection starting in 2013 is exempt from public disclosure as part of a "noncriminal investigation."
The Open Records Office had concluded that the information was part of a study, not an investigation, and should be open to the public."
- - 1755 - [June 17, 2011] - Boston College Environmental Affairs Law Review, Kellie Fisher - "Communities in the Dark: The Use of State Sunshine Laws to Shed Light on the Fracking Industry"
- "Although oil and gas companies continue to maintain that fracking is safe and there is no risk of injury, personal accounts from residents of areas with a fracking industry presence suggest otherwise. Oil and gas companies utilize a variety of mechanisms to ensure secrecy within the industry. Through gaps in federal regulation, the classification of fracking fluid as a trade secret, sealed settlements, and confidentiality orders imposed on people injured by fracking, access to information about the industry — including chemicals used and harm to residents — is minimal. This Note argues that the implementation of state sunshine laws is one possible mechanism to shine light on the practices of the fracking industry in order to encourage more governmental monitoring, expos e the risks, and provide possible recourse for injured parties to recover in a toxic tort suit."
- - 1759 - [January 8, 2014] - Washington and Lee Univrsity School of Law, James K. Pickle - "Fracking Preemption Litigation"
- "This Note will explore the litigation currently in state courts, specifically West Virginia, Pennsylvania, New York, Ohio, and Colorado, which will decide the future of fracking. This Note will also explain how the arguments in each case are essentially the same. After reviewing the pertinent litigation surrounding this issue, this Note proposes that a more centralized, comprehensive federal regime is the best regulatory option for fracking."
- - 1809 - [May 2, 2015] - CrainsCleveland.com, Crain's Cleveland Business - "Ohio lawmakers prepare to give drillers nearly unfettered access to almost all public and private lands"
- "The Ohio legislature is poised to make some small but mighty changes in Ohio’s oil and gas statute that will create even smoother sailing for the shale oil and gas industry. Their proposals, appearing in House Bill 8, are amendments to Ohio’s oil and gas law. Here’s what they’re doing, seemingly unbeknownst to most landowners — public and private.
The current state of affairs is as follows. It takes a large piece of land, preferably at least 640 acres, to make it possible (read profitable) for oil and gas companies to develop shale resources using horizontal drilling and hydraulic fracturing.
Oil and gas companies try to gain mineral rights to sufficiently sized plots by entering into leases with land owners and mineral rights owners. Often, they can do this without difficulty. But sometimes they bump up against a landowner who doesn’t wish to lease the land or mineral rights."
- - 1925 - [May 26, 2015] - maryland.gov, Delegate Fraser Hidalgo et al. - "House Bill 449"
- "For the purpose of requiring the Department of the Environment to adopt certain regulations on or before a certain date; prohibiting certain regulations adopted by the Department from becoming effective until a certain date; prohibiting the Department from issuing a permit to authorize the hydraulic fracturing of a well for the exploration or production of natural gas in the State until a certain date; defining a certain term; and generally relating to hydraulic fracturing for the exploration or production of natural gas."
- - 1950 - [June 9, 2015] - frackorporation, dhippauf - "Gas Gag for Dollars"
- "We’ve heard the phrases “put your money where your mouth is” or “put up or shut up”.
In a variation of these old phrases, natural gas corporations are now saying “take the money and shut up”.
In Finleyville, PA, residents regularly complained about air contaminants, noise levels exceeding 80 decibels (inside their homes), vibrations and light coming from nearby fracking operations by EQT Corporation."