Mealey's Fracking
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June 11, 2019
California, New Mexico Seek Ruling That Methane Rule Repeal Was ‘Unlawful’
SAN FRANCISCO — The attorneys general for the states of California and New Mexico on June 7 moved in California federal court for summary judgment declaring that the U.S. Bureau of Land Management’s (BLM) decision to rescind the 2016 Waste Prevention Rule that pertains to methane flaring by hydraulic fracturing operationswas “unlawful.” The plaintiffs argue that the court should vacate the decision because methane flaring can release volatile organic compounds (VOCs) that cause and worsen respiratory problems (California, et al. v. Ryan Zinke, et al., No. 18-5712, N.D. Calif.).
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June 11, 2019
5th Circuit Panel Refuses To Rehear Environmental Damage Coverage Dispute
NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on June 3 denied a petition for rehearing filed by a company that conducted fracking operations on an insured's facility asking it to reconsider its ruling that reversed a federal court's finding that a site pollution legal liability insurer waived its subrogation rights under an onshore master services agreement (MSA) (Halliburton Energy Services Inc. v. Ironshore Specialty Insurance Co., No. 17-20678 consolidated with No. 18-20239, 5th Cir.).
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June 10, 2019
Fracking Company Executive: ‘Volatile Market Conditions’ Have Led To Bankruptcy
WILMINGTON, Del. — Hydraulic fracturing company White Star Petroleum Holdings LLC filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware on May 28, posting negative working capital of $70 million due to what is says are “volatile market conditions” that have hurt independent operators in the Mississippian Lime formation in Oklahoma (In re: White Star Petroleum Holdings LLC, No. 19-11179, D. Del. Bkcy.).
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June 10, 2019
Chevron: California Ordinance ‘Frustrates’ State Law That Allows Fracking
SAN JOSE, Calif. — Chevron Corp. on April 19 filed a brief in California appellate court contending that a local ordinance passed by Monterey County, Calif., “frustrates” the purpose of state law regarding hydraulic fracturing by banning activities that the state promotes and permits (Monterey, et al. v. Chevron U.S.A. Inc., et al., No. H045791, Calif. App., 6th Dist.).
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June 7, 2019
Fracking Company: Agency’s Lease Cancellation ‘Built Upon False Premises’
WASHINGTON, D.C. — A hydraulic fracturing company on June 5 filed a brief in the District of Columbia Circuit U.S. Court of Appeals contending that the U.S. Bureau of Land Management’s (BLM) cancellation of a fracking lease was “built upon false premises and dangerously wide-sweeping assertions of ‘inherent’ agency authority” (Solenex LLC v. David Bernhardt, et al., No. 18-5345, D.C. Cir.).
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June 7, 2019
Groups: Trump Administration’s Lease Approvals Will ‘Adversely Impact’ Public
DENVER — Environmental groups on June 5 sued the Trump administration in Colorado federal court seeking declaratory and injunctive relief and a review of the U.S. Bureau of Land Management’s (BLM) decision to issue 59 oil and gas leases for hydraulic fracturing covering 61,910.92 acres in Utah, saying the agency did not consider how the air pollution from developing the leases would “adversely impact public health, the environment, the climate, and treasured public lands like Dinosaur National Monument” (Rocky Mountain Wild, et al. v. David Bernhardt, et al., No. 19-1608, D. Colo.).
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June 6, 2019
$3M Fracking Deal Made Public Due To Court Error May Be Published, Judge Says
WASHINGTON, Pa. — A Pennsylvania judge on June 4 ruled that a formerly sealed document indicating a $3 million hydraulic fracturing settlement was reached among companies and several residents, which was accidentally made public after it was posted on a court website, may be published (Stacey Haney v. Range Resources-Appalachia LLC, No. 2012-3534, Pa. Comm. Pls., Washington Co.).
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June 6, 2019
Panel: Woman Lacks Standing To Challenge Municipality’s Fracking Permit Approval
HARRISBURG, Pa. — A panel of the Pennsylvania Commonwealth Court on June 6 ruled that a woman did not have legal standing to challenge a local municipality’s decision to grant a hydraulic fracturing permit to companies that seek to build a developmental well and well pad in the township (Jane Worthington v. Mount Pleasant Township, et al., No. 1149 CD 2018, Pa. Cmwlth., 2019 Pa. Commw. LEXIS 523).
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June 5, 2019
Judge: Fracking Patent Dispute Belongs In Texas Based On Evidence, Witnesses
LAFAYETTE, La. — A federal judge in Louisiana on May 31 transferred a hydraulic fracturing patent dispute to Texas federal court after he ruled that although the case could remain in its current jurisdiction, the object of the patent and key witnesses are located in Texas (Extreme Technologies LLC v. Stabil Drill Specialties LLC, No. 19-219, W.D. La.).
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June 4, 2019
Group: Trump Administration Failed To Assess Climate Impact Of Fracking
ALBUQUERQUE, N.M. — An environmental group on June 3 sued the Trump administration in New Mexico federal court, contending that the administration failed to take a “hard look” and fully assess the significance of the climate impact associated with its approval of hydraulic fracturing leases in violation of federal law (WildEarth Guardians v. David Bernhardt, et al., No. 19-505, D. N.M.).
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June 3, 2019
Split Pennsylvania High Court Vacates Fracking Ruling; Residents’ Objections Valid
HARRISBURG, Pa. — A divided Pennsylvania Supreme Court on May 31 vacated a lower court ruling that a local municipality’s objections to a hydraulic fracturing permit were “insufficient” to show that the impact would be detrimental. The majority said that testimony of residents who objected to the permit was “relevant and probative” (EQT Production Company, et al. v. Borough of Jefferson Hills, No. 4 WAP 2018, Pa. Sup.).
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May 31, 2019
Tribe: Trump Administration Violated Federal Law With Fracking Permit Approval
TULSA, Okla. — The Pawnee Nation on May 30 filed a brief in Oklahoma federal court contending that when the Trump administration approved permits for hydraulic fracturing on tribal land, it violated federal law by failing to address the impact of drilling on water pollution and did not assess the risk of earthquakes (Pawnee Nation of Oklahoma, et al. v. David Bernhardt, et al., No. 16-cv-697, N.D. Okla.).
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May 31, 2019
Groups: Trump Administration’s Argument Against Fracking Lease Case ‘Fails’
WASHINGTON, D.C. — Native American and conservation groups on May 17 filed a brief in the District of Columbia Circuit U.S. Court of Appeals contending that, in a case regarding a federal agency’s decision to reinstate hydraulic fracturing leases on tribal land in Montana, the Trump administration’s argument opposing the groups’ appeal fails (W.A. Moncrief, Jr. v. United States Department of the Interior, et al., No. 18-5340, D.C. Cir.).
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May 30, 2019
Trump Administration Appeals Ruling Banning Offshore Alaska Oil Drilling
SAN FRANCISCO — The Trump administration on May 29 filed a notice of appeal in the Ninth Circuit U.S. Court of Appeals regarding a district court’s ruling that President Donald J. Trump’s executive order that opened areas of the Outer Continental Shelf off the coast of Alaska for oil and gas drilling is “unlawful” because it exceeded the president’s authority under the Outer Continental Shelf Lands Act (OCSLA) (League of Conservation Voters, et al. v. Donald J. Trump, et al., Nos. 19-35460, 19-35461 and 19-35462, 9th Cir.).
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May 30, 2019
Fracking Company Asks Panel To Rehear Environmental Damage Coverage Dispute
NEW ORLEANS — A company that conducted fracking operations on an insured’s facility on May 15 filed a petition asking a panel of the Fifth Circuit U.S. Court of Appeals to reconsider its ruling that reversed a federal court's finding that a site pollution legal liability insurer waived its subrogation rights under an onshore master services agreement (MSA) (Halliburton Energy Services Inc. v. Ironshore Specialty Insurance Co., No. 17-20678 consolidated with No. 18-20239, 5th Cir.).
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May 29, 2019
Judge: State Senators May Not Intervene In Delaware River Basin Fracking Case
HARRISBURG, Pa. — A federal judge in Pennsylvania on May 14 ruled that three state senators did not have the right to intervene a lawsuit over hydraulic fracturing in the Delaware River Basin (DRB) because they provided no evidence that they were parties to the litigation (Wayne Land and Mineral Group LLC v. Delaware River Basin Commission, No. 16-897, M.D. Pa., 2019 U.S. Dist. LEXIS 81294).
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May 29, 2019
Fracking Company Files For Bankruptcy, Owes Nearly $78M From Lost Production
WILMINGTON, Del. — The CEO of a hydraulic fracturing company on May 15 filed a first-day declaration in federal bankruptcy court in Delaware, contending that the company has been unable to negotiate agreements with its creditors and owes nearly $78 million following production losses that stem from a well explosion in Pennsylvania (In re: Edgemarc Energy Holdings LLC, et al., No. 19-1104, D. Del. Bkcy.).
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May 29, 2019
Energy Company Demands Jury Trial In Federal Fracking Well Damage Case
KINGFISHER, Okla. — An energy company on May 3 filed a demand for a jury trial in Oklahoma federal court in its negligence lawsuit against two hydraulic fracturing companies that it contends damaged a well through the use of shock waves that impaired the company’s equipment (Cimarron Energy LLC v. Newfield Exploration Mid-Continent Inc., et al., No. 19-369, W.D. Okla.).
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May 28, 2019
Split Texas Appeals Panel: Underground Injection Well Permit Properly Approved
AUSTIN, Texas — A divided panel of a Texas appeals court on May 22 ruled that the Texas Commission on Environmental Quality (TCEQ) properly approved a permit for an underground injection control (UIC) well in a shale formation where hydraulic fracturing operations are conducted, despite residents’ concerns about groundwater contamination (Nicky E. Dyer, et al. v. Texas Commission on Environmental Quality, et al., No. 03-17-0499, Texas App., 3rd Dist., 2019 Tex. App. LEXIS 4345).
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May 28, 2019
U.S. Supreme Court Refuses To Hear Residents’ Fracking Pipeline Challenge
WASHINGTON, D.C. — The U.S. Supreme Court on May 28 refused to hear a case in which landowners contended that district courts are not empowered to enter preliminary injunctions giving private companies immediate possession of land before final judgment in condemnation proceedings under the Natural Gas Act (NGA) (Lynda Like, et al. v. Transcontinental Gas Pipeline Company LLC, No. 18-1206, U.S. Sup.).