DENVER — The Colorado secretary of State on Aug. 29 issued a statement of sufficiency indicating that a measure that would increase the amount of space needed as a buffer zone between new oil and gas development operations and homes, schools and playgrounds has qualified for the November ballot.
BOULDER, Colo. — The Boulder County Commissioners on Sept. 25 filed two lawsuits in Colorado state court against hydraulic fracturing companies, contending that they violated leases and easements when they developed their oil and gas extraction plans (Board of County Commissioners of Boulder County v. 8 North LLC, et al, No. 2018CV30925, Colo. Dist., Boulder Co., and Board of County Commissioners of Boulder County v. Crestone Peak Resources Operating LLC, No. N/A, Colo. Dist., Boulder Co.).
WASHINGTON, D.C. — The Trump administration on Oct. 1 filed a brief in District of Columbia federal court contending that groups opposing the reduction in size of two national monuments have filed their lawsuits prematurely and the cases themselves “suffer multiple, incurable defects” (Grand Staircase Escalante Partners, et al. v. Donald J. Trump, et al., No. 17-2591, D. D.C., The Wilderness Society, et al. v. Donald J. Trump, et al., No. 17-2587, D. D.C. [consolidated]).
CHARLESTON, W.Va. — A federal judge in West Virginia on Oct. 3 granted a hydraulic fracturing company’s motions to exclude the expert testimony of landowners who contend that the company’s fracking wells are responsible for contaminating their properties, concluding that the expert failed to comply with the Federal Rules of Civil Procedure (Charles Raymond Adams, et al. v. Chesapeake Energy Corporation., No. 17-4038, S.D. W.Va., 2018 U.S. Dist. LEXIS 170670).
SAN FRANCISCO — The Sierra Club and 17 other environmental groups on Sept. 28 sued Secretary of the Interior Ryan Zinke and other members of the Trump administration in California federal court, challenging the administration’s decision to rescind the 2016 Waste Prevention Rule that pertains to methane flaring by hydraulic fracturing operations, arguing that the decision “ignores” the administration’s legal obligations (Sierra Club, et al. Ryan Zinke, et al., No. 18-5984, N.D. Calif.).
DENVER — A landowner filed a petition for rehearing in the 10th Circuit U.S. Court of Appeals on Sept. 20, arguing that the panel erred when it ruled that he could not establish entitlement to equitable tolling because he had not taken any action to pursue his rights regarding a hydraulic fracturing lease dispute prior to filing a lawsuit against the U.S. Bureau of Indian Affairs (BIA) (Merrill Chance v. Ryan Zinke, et al., No. 17-5057, 10th Cir.).
WASHINGTON, D.C. — President Donald J. Trump and other federal authorities on Sept. 7 filed a brief in District of Columbia federal court, arguing that the Hopi Tribe and other parties have access to “the full array of public notice and other tools regarding activities on public lands” and their new request for information about mining activity on lands formerly designated as national monuments places “an unnecessary burden” on government agencies (Hopi Tribe, et al. v. Donald J. Trump, et al., No. 17-2590, D. D.C.).
DENVER — A putative class of landowners on Aug. 21 filed a notice of appeal in the 10th Circuit U.S. Court of Appeals following the dismissal of a case in which the plaintiffs sought to recover the cost of earthquake insurance premiums from a number of injection well operators after determining that the plaintiffs failed to state claims upon which relief could be granted (Matt Meier, et al. v. Chesapeake Operating LLC, et al., No. 18-6152, 10th Cir.).
PELHAM, Mass. — A report by the Partnership for Policy Integrity (PFPI) published Sept. 11 found that hydraulic fracturing companies in Pennsylvania injected at least one undisclosed chemical into 55 percent of the state’s fracking wells and that exemptions in Pennsylvania law “virtually guarantee” the use of “secret chemicals” in fracking operations.
HARRISBURG, Pa. — The Pennsylvania Commonwealth Court on Sept. 10 ruled en banc and affirmed a $1,137,295.76 penalty against a hydraulic fracturing company for contamination of the state’s groundwater and other waterways that came from a leaking wastewater impoundment pond in violation of state law (EQT Production Co. v. Pennsylvania Department of Environmental Protection, No. 844 CD 2017, Pa. Comm., 2018 Pa. Commw. LEXIS 486).
SAN FRANCISCO — The attorneys general for the states of California and New Mexico on Sept. 18 filed a complaint in a California federal court, contending that the U.S. Bureau of Land Management (BLM) violated three federal laws when it repealed the 2016 Waste Prevention Rule that pertains to methane flaring by hydraulic fracturing operations (California, et al. v. Ryan Zinke, et al., No. 18-5712, N.D. Calif.).
DENVER — Two hydraulic fracturing industry trade groups on Sept. 17 filed a joint brief in the 10th Circuit U.S. Court of Appeals arguing that if the Methane and Waste Prevention Rule issued by the U.S. Bureau of Land Management (BLM) with regard to hydraulic fracturing operations is fully in effect, fracking companies “will face approximately $115 million in costs to fully comply with the rule” (Wyoming, et al. v. United States Department of the Interior, et al., 18-8027, 10th Cir.).
SAN ANTONIO — A Russian citizen on Sept. 17 sued a hydraulic fracturing company in Texas federal court for securities fraud, seeking damages allegedly caused by the company’s “fraudulent scheme” in which he says the company violated federal laws and “successfully tricked” him into investing $2.6 million (Nikolay Rastorguev v. David Sepiachvili, et al., No. 18-966, W.D. Texas).
DENVER — The U.S. Department of the Interior (DOI) on Sept. 12 filed a brief in the 10th Circuit U.S. Court of Appeals arguing that a case brought by the state of Wyoming challenging the Methane and Waste Prevention Rule issued by the U.S. Bureau of Land Management (BLM) with regard to hydraulic fracturing operations is “prudentially moot” because it is a challenge to an order that pertains to a regulation that will “imminently be replaced” (Wyoming, et al. v. United States Department of the Interior, et al., 18-8027, 10th Cir.).
SAVANNAH, Ga. — The Securities and Exchange Commission on Sept. 5 filed a complaint for violations of federal securities laws against a man the agency contends aided and abetted an investment scheme in which he and others sold $15 million of fraudulent securities in hydraulic fracturing operations to more than 150 investors (Securities and Exchange Commission v. Robert William Dorrance, No. 18-209, S.D. Ga.).
OKLAHOMA CITY — A group of landowners on Aug. 30 filed a notice for permission to appeal an Oklahoma federal court’s ruling to the 10th Circuit U.S. Court of Appeals, contending that the district court wrongly dismissed their case against hydraulic fracturing companies that the landowners say are liable for causing earthquakes (Lisa West, et al. v. Chapparal Energy LLC, et al., No. 18-600, 10th Cir.).
COLUMBUS, Ohio — A federal magistrate judge in the U.S. District Court for the Southern District of Ohio on Aug. 27 ruled that a construction company had sufficiently shown that it had a valid unjust enrichment claim against another contractor that did not pay for work performed on a hydraulic fracturing site (TEK Construction Services LLC v. Pioneer Pipe Inc., No. 16-664, S.D. Ohio, 2018 U.S. Dist. LEXIS 144964).
DALLAS — Two hydraulic fracturing companies on Aug. 27 filed a brief in Texas federal court arguing that they should not be held in contempt for violating a protective order sought by a class of plaintiffs who are embroiled in a lease dispute with the companies because the plaintiffs misunderstand the deposition testimony of one of the companies’ employees (Arbuckle Mountain Ranch of Texas Inc., et al. v. Chesapeake Energy Corporation, et al., No. 14-4584, N.D. Texas).
DENVER — A landowner filed a brief in the 10th Circuit U.S. Court of Appeals on Aug. 31 arguing that a hydraulic fracturing company is not entitled to attorney fees in a lease dispute and contending that the case should be remanded to district court for a determination of the reasonableness of fees (Merrill Chance v. Ryan Zinke, et al., No. 17-5057, 10th Cir.).
BOISE, Idaho — A federal magistrate judge in Idaho on Sept. 4 denied a motion filed by the federal government, hydraulic fracturing industry groups and the state of Wyoming, ruling that the challenges brought to federal fracking leases should not be severed and transferred to separate jurisdictions because it would be “inappropriate” (Western Watersheds Project, et al. v. Ryan K. Zinke, et al., No. 18-187, D. Idaho).