Group:  Abstention Doctrine Misapplied In ‘Forced Pooling’ Case; Reversal Warranted

Mealey's (July 20, 2020, 12:14 PM EDT) -- DENVER — An environmental group on July 15 filed a brief in the 10th Circuit U.S. Court of Appeals arguing that it should reverse a lower court’s ruling that held that Colorado has a compelling interest in allowing hydraulic fracturing companies to target the minerals of nonconsenting mineral owners through a practice referred to as “forced pooling.”  The group says that the district court misapplied an abstention doctrine when it should have adjudicated the merits of the claim (Wildgrass Oil & Gas Committee v. Colorado, et al., No. 20-1151, 10th Cir.)....

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