Mealey's Fracking
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January 27, 2023
Group Sues Los Angeles For Ordinance Prohibiting New Fracking Activities
LOS ANGELES — A group representing mineral rights royalty owners has sued the city of Los Angeles in California state court seeking a writ of mandamus compelling the city to vacate and rescind an ordinance prohibiting new oil and gas extraction, arguing that the rule is preempted by state law.
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January 27, 2023
Exxon: $71.61M Award In Fracking Case Is ‘Correct In All Relevant Aspects’
AUSTIN, Texas — Exxon Mobil Corp. has filed a response brief in Texas Supreme Court contending that a lower court’s ruling that affirmed a $71.61 million jury award for Exxon related to a hydraulic fracturing lease dispute is “correct in all relevant aspects,” and it says the appellate arguments challenging it are “insubstantial.”
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January 26, 2023
Judge Says Cross-Unit Drilling On Fracking Wells Does Not Violate Pennsylvania Law
HARRISBURG, Pa. — A federal judge in Pennsylvania granted a hydraulic fracturing company’s motion for summary judgment in a dispute over a clause in a drilling contract, ruling that cross-unit drilling does not violate state law.
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January 26, 2023
Federal Agencies Agree To Further Analysis Of Impact Of Challenged Fracking Leases
WASHINGTON, D.C. — The U.S. Department of the Interior (DOI) and an environmental advocacy group on Jan. 25 filed a joint motion in District of Columbia federal court dismissing a lawsuit that challenged the DOI’s decision to offer 32 oil and gas leases for hydraulic fracturing based on a stipulated settlement agreement that calls for additional analysis under the National Environmental Policy Act (NEPA), as well as consideration of something referred to as a “no leasing” alternative.
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January 25, 2023
Company Says It Has Not Breached Its Fracking Contract Under Ohio Law
COLUMBUS, Ohio — A hydraulic fracturing operator filed a reply brief in Ohio federal court arguing that the plaintiff fracking company that is suing it for breach of contract related to overriding royalty interests (ORRI) in oil and gas deposits has filed a brief seeking summary judgment that is “a labyrinth of contradictory arguments.” It also says Ohio law supports its argument.
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January 13, 2023
State Of Louisiana, Industry Group Say Federal Fracking Lease Case Is ‘Irrelevant’
WASHINGTON, D.C. — The American Petroleum Institute (API) and the state of Louisiana have filed a reply brief in the District of Columbia Circuit U.S. Court of Appeals contending that it should dismiss as moot or reverse a case in which environmental groups challenge a federal hydraulic fracturing lease sale pursuant to the National Environmental Policy Act (NEPA) because the lawsuit is now “irrelevant.”
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January 12, 2023
Fracking Operator Seeks Ruling On Liability Regarding Overriding Royalty Interests
COLUMBUS, Ohio — A hydraulic fracturing operator has filed a reply brief in Ohio federal court arguing that it should issue judgment in its favor as to another fracking company’s liability on claims for breach of contract and declaratory judgment regarding overriding royalty interests in oil and gas deposits.
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January 12, 2023
Fracking Operator: Fraud Case Dismissal Proper, As Per Judge’s Recommendation
DENVER — A hydraulic fracturing company and its officers filed a brief in Colorado federal court responding to the objections raised by plaintiff shareholders who disagree with a magistrate judge’s report that recommends that their securities fraud action be dismissed. The company maintains that the report’s “comprehensive analysis of the complaint’s deficiencies is correct.”
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January 12, 2023
11th Circuit Reverses, Remands Mineral Rights Case, Says Issues Of Fact Remain
ATLANTA — A panel of the 11th Circuit U.S. Court of Appeals has reversed and remanded a lower court ruling and has determined that genuine issues of material fact exist in a mineral rights dispute based on discrepancies in information pertaining to whether one of the parties drilled mineral samples on the property in question.
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January 12, 2023
Panel: Fracking Lease Had Not Expired; Operator’s Production Activity Was Proper
YOUNGSTOWN, Ohio — An Ohio appellate panel has affirmed dismissal of a hydraulic fracturing lease dispute on grounds that the oil and gas lease in question had not expired but had extended into a secondary term and remained in full force and effect and, therefore, the fracking operator was within its rights to continue production on the plaintiffs’ property.
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January 12, 2023
Panel: Fracking Operator Did Not Breach Mineral Rights Lease With Landowners
YOUNGSTOWN, Ohio — An appellate panel in Ohio has affirmed a trial court’s decision and held that a hydraulic fracturing operator did not breach its lease with landowners regarding its payment of royalties in connection with a mineral rights contract.
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January 12, 2023
Pipeline Company Tells Supreme Court Decision On Petition Should Not Be Deferred
WASHINGTON, D.C. — A hydraulic fracturing pipeline company has filed a brief in the U.S. Supreme Court opposing a landowner’s motion to defer consideration of his petition for writ of certiorari pending resolution of two separate cases, arguing that the case at hand does not cite either of the separate lawsuits, despite certiorari having been granted in those cases months before the instant petition was filed.
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January 12, 2023
Briefly: 3rd Circuit Denies En Banc Rehearing Of Nuns’ RFRA Pipeline Challenge
PHILADELPHIA — The Third Circuit U.S. Court of Appeals has denied a petition for rehearing en banc sought by Roman Catholic nuns who disagreed with a panel’s decision that their opposition to a hydraulic fracturing pipeline underneath the grounds of their property pursuant to the Religious Freedom Restoration Act (RFRA) constituted a collateral attack on the Federal Energy Regulatory Commission’s (FERC) approval of the project.
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January 10, 2023
Briefly: 5th Circuit Says Clean Water Permit For Pipeline Was Issued Properly
NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals denied a petition for review sought by a group of shrimpers and fishermen related to a clean air permit dispute for a natural gas pipeline, ruling that the U.S. Army Corps of Engineers did not act arbitrarily in its conclusions regarding the impact of pipeline construction on the environment and the need for compensatory mitigation.
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January 10, 2023
Groups Seek To Intervene In National Monument Case To Preserve Historic Objects
SALT LAKE CITY — Three groups have filed a brief in Utah federal court arguing that they should be permitted to intervene in a lawsuit over the dimensions of two national monuments, the boundaries of which have potential implications for hydraulic fracturing, because the groups say they “have the full preservation of the Monument and protection of its objects of historic and scientific interest at the heart of their organizational missions.”
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January 10, 2023
Texas Railroad Commission Says Anti-Pooling Decision Was Proper Under State Law
AUSTIN, Texas — The Texas Railroad Commission (RRC) filed a brief in the Texas Supreme Court contending that it was within its discretion when it ruled against a hydraulic fracturing operator’s request to have the RRC force pooling of oil and gas resources on a parcel of land.
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January 10, 2023
Mineral Rights Owner Seeks Remand Of Royalty Case On Jurisdictional Grounds
WHEELING, W.Va. — A mineral rights owner has filed a reply brief in West Virginia federal court contending that it should remand his hydraulic fracturing royalty dispute to state court on grounds that the federal court lacks jurisdiction.
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January 09, 2023
Government Defends Review Of Fracking Permits In N.D. Tribe’s 8th Circuit Appeal
ST. LOUIS — The federal government approved permits for a non-Indian energy company’s hydraulic fracturing well project along Lake Sakakawea in North Dakota on the reservation of the Mandan, Hidatsa and Arikara (MHA) Nation after a complete vetting of the project and with full input from the tribe during the review process, the government says in defending a summary judgment ruling in its favor to the Eighth Circuit U.S. Court of Appeals.
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January 09, 2023
Federal Agency Reasserts Lack Of Jurisdiction Argument In Federal Drilling Dispute
CHEYENNE, Wyo. — The U.S. Bureau of Land Management (BLM) has filed a reply brief in Wyoming federal court supporting its motion to dismiss an oil company’s complaint that it has the right to drill on federal land without obtaining the BLM’s permission. The agency says subject matter jurisdiction is lacking because there was no final agency action and the United States has not waived sovereign immunity.
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January 06, 2023
Judge: Some Claims Against Fracking Operator For Tainted Drinking Water Are Valid
OKLAHOMA CITY — A federal judge in Oklahoma has partially granted and partially denied a hydraulic fracturing company’s attempt to have all charges for groundwater contamination against it dismissed, ruling that claims for public nuisance and successor liability are valid.
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December 22, 2022
Canadian Physicians Call For Fracking Moratorium Based On Health Risks
TORONTO — The organization Canadian Association of Physicians for the Environment (CAPE) has released a report recommending a moratorium on the development of new natural gas wells across Canada and calling for an end to government subsidies for oil and gas companies, based on health information it gained studying individuals in British Columbia.
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December 22, 2022
Groups Sue Agencies For Alleged Failures Related To Alaska Fracking Lease Sale
ANCHORAGE, Alaska — Environmental groups on Dec. 21 sued the U.S. Department of the Interior (DOI) in Alaska federal court challenging the agency’s decision to hold a lease sale for offshore hydraulic fracturing in Cook Inlet on grounds that the final environmental impact statement (EIS) failed to adequately evaluate the environmental impact of drilling activity.
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December 19, 2022
Fracking Company Says Current Lease Appeal Should Not Be Assigned To Prior Panel
WASHINGTON, D.C. — A hydraulic fracturing company engaged in a federal lease dispute with the U.S. Department of the Interior (DOI) filed a brief in the District of Columbia Circuit U.S. Court of Appeals, arguing that it should deny a motion by an intervenor Native American group seeking to have the appeal assigned to the same panel that heard a prior, related appeal. The fracking operator says that while the attempt is “an understandable litigation tactic,” it is still “inappropriate.”
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December 16, 2022
Congressional Members Support Groups Seeking NEPA Review Of Fracking Leases
WASHINGTON, D.C. — Three members of Congress on Dec. 15 filed an amicus curiae brief in the District of Columbia Circuit U.S. Court of Appeals supporting the position of environmental groups that argue that a lower court correctly vacated a federal hydraulic fracturing lease sale because a review was needed pursuant to compliance with the National Environmental Policy Act (NEPA).
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December 16, 2022
Patent Defendant Entitled To Dismissal With Prejudice, Texas Federal Magistrate Says
WACO, Texas — A federal magistrate judge in Texas has recommended that a fracking company be dismissed from a patent infringement action over pumping devices used on fracking wells.