Mealey's Fracking
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November 21, 2019
Stockholder: Proposed Fracking Merger Violates Federal Securities Laws
NEW YORK — A stockholder in a hydraulic fracturing company on Nov. 19 sued that company in New York federal court contending that it violated federal securities laws when it proposed a merger with another fracking company because the federal registration statement related to the deal contained “materially incomplete and misleading information” (Kelly Small v. Jagged Peak Energy Inc., et al., No. 19-10698, S.D. N.Y.).
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November 20, 2019
Judge: Federal Fracking Lease Dispute Belongs In Utah
DENVER — A federal judge in Colorado on Nov. 19 transferred to Utah federal court a hydraulic fracturing lease dispute pertaining to federal public lands in Utah because the decisions at issue and the impact of those decisions affect Utah rather than Colorado (Rocky Mountain Wild, et al. v. David Bernhardt, et al., No. 19-1608, D. Colo.).
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November 18, 2019
Panel Says Town ‘Properly Balanced’ Fracking With Community Health, Safety
HARRISBURG, Pa. — An appeals panel in Pennsylvania on Nov. 14 affirmed a trial court ruling that approved a local municipality’s zoning decision to allow hydraulic fracturing, finding that it properly balanced the rights of property owners seeking to develop their mineral resources with the need to ensure the health, safety and welfare of neighboring community members and property owners (Protect PT v. Penn Township Zoning Hearing Board, et al., No. 1632 C.D. 2018, Pa. Cmwlth.).
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November 12, 2019
Trump Administration: Offshore Drilling Plaintiffs Have No Claim Under Federal Law
SAN FRANCISCO — The Trump administration on Nov. 7 filed its opening brief in the Ninth Circuit U.S. Court of Appeals contending that a lawsuit against President Donald J. Trump over his executive order that opened areas of the Outer Continental Shelf off the coast of Alaska for oil and gas drilling should be dismissed because the plaintiffs have not established that the executive order caused an injury (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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November 11, 2019
3rd Circuit: Oral Arguments Set For Dec. 12 In Delaware River Basin Fracking Case
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Oct. 25 set a tentative date for oral arguments in an appeal brought by three Pennsylvania state senators who argue that they have the right to intervene in a lawsuit over hydraulic fracturing in the Delaware River Basin (DRB). The Third Circuit set the tentative date as Dec. 12 (Wayne Land and Mineral Group LLC v. Delaware River Basin Commission, No. 19-2354, 3rd Cir.).
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November 11, 2019
Colorado Agency: Motion To Reopen Fracking Case Fails, Burden Not Met
BOULDER, Colo. — The Colorado Oil & Gas Association (COGA) on Oct. 2 filed a reply brief in Colorado state court contending that a citizen group has failed to meet the burden to reopen a lawsuit in which the Colorado Supreme Court has previously held that local bans on hydraulic fracturing are preempted by state law (Colorado Oil & Gas Association, et al. v. Longmont, Colo., et al., No. 2013CV63, Colo. Dist., Boulder Co.).
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November 08, 2019
Trump Administration: Groups Not Entitled To Notice Of National Monument Projects
WASHINGTON, D.C. — The Trump administration on Oct. 25 filed a status report in District of Columbia federal court asking it to clarify that the administration is not required to provide environmental groups with notice of new contracts for roads and other projects in national monuments that President Donald Trump reduced in size. The groups contend that the decision to reduce the size of the monuments was partly motivated by a desire to access land for hydraulic fracturing (The Wilderness Society, et al. v. Donald J. Trump, et al., No. 17-2587, Grand Staircase Escalante Partners, et al. v. Donald J. Trump, et al., No. 17-2591, D. D.C. [consolidated]).
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November 08, 2019
Fracking Company Says Evidence Supports Its Claim That Leases Remain Valid
EL PASO, Texas — A hydraulic fracturing company that holds oil and gas leases in the Permian Basin on Oct. 30 filed a reply brief in Texas appellate court contending that it has a legitimate claim that the leases have not been terminated, contrary to an energy company’s argument (MRC Permian Company v. Point Energy Partners Permian LLC, et al., No. 08-19-00124, Texas. App., 8th Dist., El Paso).
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November 07, 2019
Fracking Company: Royalty Contracts Not Breached; Claims Not Stated
WHEELING, W.Va. — A hydraulic fracturing company on Oct. 30 filed an answer in West Virginia federal court contending that breach of contract claims brought against it by leaseholders who claim that the company has failed to pay fracking royalties should be dismissed based on the terms of the contracts at issue (William D. Glover, et al. v. EQT Corporation, et al., No. 19-223, N.D. W.Va.).
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November 06, 2019
3rd Circuit Denies Rehearing En Banc In Pipeline Dispute With State Of New Jersey
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Nov. 5 refused to rehear en banc a pipeline company’s case against the state of New Jersey regarding the state’s power to prevent construction of a natural gas pipeline for which federal approval and eminent domain have already been granted (In re PennEast Pipeline Company LLC, No. 19-1191, 3rd Cir. [consolidated]).
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November 01, 2019
Briefly: Company Says Ohio Officials Wrongly Barred It From Pipeline Site
COLUMBUS, Ohio — A hydraulic fracturing pipeline company on Oct. 23 sued county officials in an Ohio federal court contending that they violated the company’s rights when they ejected the company’s personnel from land where the pipeline was being built, for which the company had a federal permit (Rover Pipeline LLC v. Amy M. Zwick, et al., No. 19-4698, S.D. Ohio).
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November 01, 2019
Residents: California Appeals Court Should Reverse Fracking Permit Approval
FRESNO, Calif. — A group of residents and environmental advocacy organizations on Oct. 4 filed a brief in California appellate court contending that the court should reverse a trial court’s ruling related to more than 200 permits to operate hydraulic fracturing wells because the appropriate environmental review required by the state was never performed (Association of Irritated Residents v. California Department of Conservation, No. F078460, Calif. App., 5th Dist.).
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October 31, 2019
Groups: Agency’s Decision To Allow Fracking In California Violated Federal Law
SAN FRANCISCO — Environmental advocacy groups on Oct. 30 sued the U.S. Bureau of Land Management (BLM) in California federal court, contending that its decision to open California’s Bay Area and Central Coast to hydraulic fracturing violates federal law (Center for Biological Diversity, et al. v. U.S. Bureau of Land Management, et al., No. 19-7155, N.D. Calif.).
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October 31, 2019
Groups: En Banc 3rd Circuit Must Rehear Pipeline Case Due To ‘Seismic Shift’
PHILADELPHIA — Hydraulic fracturing trade groups on Oct. 29 filed an amicus curiae brief in the Third Circuit U.S. Court of Appeals, contending that it should rehear en banc a pipeline company’s case against the state of New Jersey because the appellate panel’s ruling that the state could prevent construction of the pipeline is an opinion that is “positioned to work a seismic shift in federal law” pertaining to “critical interstate natural gas pipeline infrastructure” (In re PennEast Pipeline Company LLC, No. 19-1191, 3rd Cir. [consolidated]).
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October 25, 2019
Fracking Company: Leases Terminated, Tortious Interference Claim Fails
EL PASO, Texas — A hydraulic fracturing company on Sept. 30 filed a brief in Texas appellate court contending that the tortious interference claims of a fracking company that holds oil and gas leases in the Permian Basin fail as a matter of law because the leases terminated (MRC Permian Company v. Point Energy Partners Permian LLC, et al., No. 08-19-00124, Texas. App., 8th Dist., El Paso).
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October 25, 2019
Federal Official: Private Right Of Action Lacking In Fracking Lease Case
ALBUQUERQUE, N.M — Secretary of the Interior David Bernhardt and other federal officials on Oct. 4 filed an answer in New Mexico federal court contending that a Native American tribal group and environmental advocacy groups have not established the requirements for a preliminary injunction to prevent fracking in the Mancos Shale Play because federal law does not provide for a private right of action against federal defendants (Diné Citizens Against Ruining Our Environment, et al. v. David Bernhardt, et al., No. 19-703, D. N.M.).
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October 25, 2019
Groups: Agency ‘Unlawfully Justifies’ Rescission Of Methane Waste Prevention Rule
SAN FRANCISCO — Environmental groups on Oct. 2 filed a brief in California federal court arguing that the U.S. Bureau of Land Management (BLM) “unlawfully justifies” the rescission of the 2016 rule that regulated venting and flaring of methane gas at hydraulic fracturing facilities by “arbitrarily applying” a definition of “waste” that violates the intent of Congress (California, et al. v. Ryan Zinke, et al., No. 18-5712, N.D. Calif.).
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October 25, 2019
Supplier To Fracking Operations Says Its Design For Potable Water Rigs Was Copied
SAN ANTONIO — A water filtering company that provides services to hydraulic fracturing companies on Oct. 4 filed a lawsuit in Texas federal court against two companies, seeking injunctive and monetary relief for trade secret misappropriation and trademark infringement (WaterFleet LLC v. TanMar Rentals LLC, et al., No. 19-1190, W.D. Texas).
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October 24, 2019
Company: Rehearing En Banc Needed On 3rd Circuit’s Fracking Pipeline Denial
PHILADELPHIA — A hydraulic fracturing pipeline company on Oct. 22 filed a petition in the Third Circuit U.S. Court of Appeals contending that it should rehear en banc the pipeline’s case against the state of New Jersey on grounds that federal law authorizes natural gas companies to condemn the necessary rights-of-way for federally approved interstate natural gas pipelines (In re PennEast Pipeline Company LLC, No. 19-1191, 3rd Cir. [consolidated]).
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October 24, 2019
Federal Agency’s Failure To Provide Fracking Records Violates Law, Group Says
WASHINGTON, D.C. — The Center for Biological Diversity (CBD) on Oct. 22 sued two federal agencies in the U.S. District Court for the District of Columbia contending that their failure to provide records of their decisions to approve offshore hydraulic fracturing operations in the Gulf of Mexico violates the Freedom of Information Act (FOIA) (Center for Biological Diversity v. Bureau of Safety & Environmental Enforcement, et al., No. 19-3154, D. D.C.).