Mealey's Fracking

  • September 13, 2021

    Judge:  Stay Of Discovery Not Warranted In Fracking Securities Lawsuit

    PITTSBURGH — A federal judge in Pennsylvania on Sept. 9 posted a note to the docket in a securities class action against a hydraulic fracturing company indicating that he had denied the company’s motion to stay discovery on grounds that the company did not sufficiently meet its burden of showing good cause for a stay at this time.

  • September 10, 2021

    Landowners:  Nonparty’s Motion To Quash Fracking Subpoenas Has ‘No Merit’

    CHEYENNE, Wyo. — On Sept. 9, landowners filed a brief in Wyoming federal court opposing a nonparty’s motion to quash subpoenas in an antitrust lawsuit pertaining to the monopolization of mineral rights related to hydraulic fracturing in local shale plays, contending that the motion to quash has no merit because the landowner’s counsel has worked with all parties to obtain compliance.

  • September 10, 2021

    Judge Denies Extension Of Discovery In Fracking Drinking Water Dispute

    HARRISBURG, Pa. — A judge on the Pennsylvania Environmental Hearing Board (EHB) on Aug. 24 denied a motion to extend the discovery period in a dispute between a hydraulic fracturing company and residents who argue that it is liable for water contamination issues, ruling that the residents failed to comply with the EHB’s rules governing procedural motions.

  • September 10, 2021

    Mineral Rights Owners Sue Fracking Operator For Underpayment Of Royalties

    CLARKSBURG, W.Va. — A group of mineral rights owners on Aug. 25 filed a putative class action against a hydraulic fracturing operator in West Virginia federal court contending that it has breached its agreement by underpaying the royalties it owes them.

  • September 10, 2021

    Energy Company Seeks Discovery Stay In Fracking Royalty Interest Dispute

    DENVER — An energy company on Sept. 9 moved in Colorado federal court to stay discovery in a royalty interests dispute pending the resolution of the company’s motion for summary judgment seeking dismissal of a woman’s lawsuit in which she claims that the company fraudulently induced her to sell her interests.

  • September 10, 2021

    Fracking Operator Denies It Breached Forced Pooling Contract With Oil Company

    FORT WORTH, Texas — A hydraulic fracturing company on Sept. 7 filed an answer in Texas federal court denying claims that it breached a contract when it purportedly “force pooled” minerals and sold oil, gas and hydrocarbons without compensating the oil company with which it had an agreement.

  • September 09, 2021

    Briefly: En Banc Appeals Court Refuses To Rehear Pipeline Permit Dispute

    WASHINGTON, D.C. — On Sept. 7, the District of Columbia Circuit U.S. Court of Appeals denied panel and en banc rehearing sought by a hydraulic fracturing pipeline company after the panel ruled on an environmental group’s petition for review of a decision by the Federal Energy Regulatory Commission (FERC) to approve a permit for a pipeline project.

  • September 09, 2021

    Alaska High Court Overturns Agency’s Refusal To Exercise Jurisdiction Over Gas Leak

    ANCHORAGE, Alaska — A state agency erred in holding that it had no jurisdiction over a natural gas leak because it previously determined that the leak did not constitute “waste,” the Alaska Supreme Court concluded Sept. 3.  It also improperly denied an individual’s request for a hearing on the matter, the state high court said in reversing and remanding the action.

  • September 03, 2021

    Complete Diversity Lacking In Fracking Dispute, Judge Says In Remand Order

    ALBUQUERQUE, N.M. — A federal judge in New Mexico on Aug. 9 remanded to state court a hydraulic fracturing lawsuit involving allegations that a trucking company caused damages to property, ruling that the fracking company did not show that the plaintiff “has no possibility of stating a claim” against the trucking company, which is a nondiverse defendant.

  • September 03, 2021

    Shareholders:  Fracking Company Ignores Evidence In Securities Class Action

    HOUSTON — A retirement fund on Aug. 10 filed a brief in Texas federal court contending that a hydraulic fracturing company fails to “engage with” the facts presented in a shareholder securities class action and ignores evidence that shows its knowledge and recklessness; therefore, its motion to dismiss should be denied.

  • September 03, 2021

    Fracking Company’s IPO Underwriters Deny Claims In Shareholder Lawsuit

    DENVER — Financial organizations that have been sued in a putative shareholder class action on Aug. 25 filed an answer denying all allegations that they made misleading statements and violated the Securities Act of 1933 after an oilfield services company the organizations underwrite saw its share price drop following its initial public offering (IPO).

  • September 02, 2021

    Wyoming, Trade Group: Federal Fracking Lease Cancellation Violates Law

    CHEYENNE, Wyo. — The state of Wyoming on Aug. 30 filed a brief in Wyoming federal court contending that President Joseph R. Biden Jr.’s pause on federal hydraulic fracturing lease sales was “unlawful,” and a fracking industry trade group filed a separate brief in which it argues that the cancellation of lease sales was “arbitrary and capricious.”

  • August 30, 2021

    Fracking Services Provider: Former Employee Took Trade Secrets To His New Company

    MIDLAND, Texas — A hydraulic fracturing well services company on Aug. 17 sued a former employee and the company for which he now works, alleging violation of the Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA) related to information and knowledge about the well servicing practices he took to his new company.

  • August 30, 2021

    Mineral Rights Owners: Fracking Company, Driller Knowingly Underpaying Royalties

    COLUMBUS, Ohio — A group of mineral rights owners on Aug. 20 filed an amended complaint in Ohio federal court against a hydraulic fracturing operator and a drilling company contending that they are “intentionally, knowingly, and unlawfully” underpaying royalties on lease agreements.

  • August 27, 2021

    Man:  Fracking Valve Patent Is Unenforceable Because It Uses His ‘Fundamental Idea’

    PITTSBURGH — A man who contends that he has an ownership interest in intellectual property that is used in a relief valve system for hydraulic fracturing on Aug. 25 filed a lawsuit in Pennsylvania federal court against a company that sells a product that performs the same function, contending that the patent for the device in question is based on his “fundamental idea” and, therefore, the patent is unenforceable.

  • August 27, 2021

    Creditor:  Bankruptcy Court Erred In Conducting Asset Sale For Fracking Company

    WILMINGTON, Del. — A creditor of a bankrupt hydraulic fracturing company on Aug. 19 filed a statement of issues on appeal in which it argues that a federal bankruptcy court in Delaware erred when it approved an asset sale free and clear of the creditor’s vested contractual rights and property interests.

  • August 27, 2021

    Plaintiffs:  Securities Case Against Fracking Company Valid Based On ‘Recklessness’

    HOUSTON — A retirement fund on Aug. 10 filed a brief in Texas federal court contending that its securities class action against a hydraulic fracturing company should not be dismissed because in its motion to dismiss the case the defendant ignores “the extensive direct and circumstantial facts,” which show its knowledge and “recklessness” related to alleged securities violations.

  • August 26, 2021

    Groups:  Federal Fracking Lease Dispute Should Be Stayed Pending Settlement Deal

    WASHINGTON, D.C. — Environmental groups on Aug. 13 filed a brief in District of Columbia federal court contending that it should grant a stay in the groups’ proceeding against the U.S. Bureau of Land Management (BLM) to “facilitate a negotiated final resolution” in a dispute over environmental assessments related to federal hydraulic fracturing leases.

  • August 26, 2021

    North Dakota Seeks Immediate Relief To Force Agencies To Hold Fracking Lease Sales

    BISMARCK, N.D. — The state of North Dakota on Aug. 23 filed a petition for writ of mandamus in North Dakota federal court seeking immediate mandamus relief compelling the U.S. Department of the Interior (DOI) and its officials to comply with what the state calls statutory obligations to hold quarterly hydraulic fracturing lease sales for public lands.

  • August 25, 2021

    9th Circuit Vacates Fracking Lease Case As ‘Moot’ Amid Changed Legal Landscape

    SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 24 vacated and remanded a lawsuit challenging hydraulic fracturing activity in the Arctic, saying the case was moot because, among other reasons, the legal landscape has changed and the National Environmental Policy Act (NEPA) has been updated.