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Mealey's Fracking

  • June 14, 2018

    Pennsylvania Court Denies Rehearing En Banc In Rule- Of-Capture Fracking Case

    HARRISBURG, Pa. — The Pennsylvania Superior Court on June 8 denied a motion for rehearing en banc sought by a hydraulic fracturing company that argued that a Superior Court panel “misapprehended material facts” when it determined that the rule of capture does not preclude a fracking company from liability for trespass where subsurface fractures, fracturing fluid and proppant cross boundary lines and extend into the subsurface estate of an adjoining property for which the operator does not have a mineral lease (Adam Briggs, et al. v. Southwestern Energy Production Company, No. 1351MDA2017, Pa. Super., 2018 Pa. Super. LEXIS 632).

  • June 13, 2018

    Pennsylvania Senate Weighs Bill To Compensate Landowners Affected By Fracking Ban

    HARRISBURG, Pa. — The Pennsylvania Senate is considering a bill that would designate the decision to ban hydraulic fracturing in the Delaware River Basin (DRB) as an act of eminent domain that entitles landowners in the basin to “appropriate and just compensation” for their lost opportunity to lease their land for drilling.

  • June 11, 2018

    Pawnee Nation Sues Fracking Companies For Earthquakes In Oklahoma

    TULSA, Okla. — The Pawnee Nation of Oklahoma on May 17 sued two hydraulic fracturing companies in Oklahoma federal court, contending that they disposed of wastewater and introduced contaminants into the natural environment that caused “unnatural seismic activity” (Pawnee Nation of Oklahoma v. Eagle Road Oil LLC, et al., No. 18-263, N.D. Okla.).

  • June 11, 2018

    Shareholder Seeks To Enjoin Vote On Merger Of Fracking Proppant Companies

    CLEVELAND — An individual shareholder in a company that produces proppants for hydraulic fracturing operations, which is planning to merge with another proppant producer, on May 18 filed a brief in Ohio federal court seeking an order enjoining the shareholder vote until the companies disclose information that he claims was omitted from documents filed with the Securities and Exchange Commission (Melvyn Klein v. Fairmount Santrol Holdings Inc., et al., No. 18-1186, N.D. Ohio).

  • June 11, 2018

    Petition For Review Should Be Dismissed In Fracking Pipeline Case, Company Says

    WASHINGTON, D.C. — The Federal Energy Regulatory Commission (FERC) on May 29 filed a brief in the District of Columbia Circuit U.S. Court of Appeals, contending that it should deny a petition for review filed by landowners who contend that they have been and will be adversely affected by a proposed pipeline that would carry hydraulically fractured natural gas from Pennsylvania to New Jersey (Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, No. 18-1128, D.C. Cir.).

  • June 11, 2018

    6th Circuit: Family Must Pay Back $1.8M To Fracking Company Under Contract

    CINCINNATI — A panel of the Sixth Circuit U.S. Court of Appeals on May 31 ruled that a hydraulic fracturing company was entitled to $1.8 million from a landowner family as part of the contract the parties negotiated because the deal contained a provision that the family had to repay that amount — which acted as a signing bonus — if the company decided not to drill on the family’s land (Encana Oil & Gas v. Zaremba Family Farms, Inc., et al., Nos. 16-2065/17-1429, 6th Cir.; 2018 U.S. App. LEXIS 14314).

  • June 6, 2018

    10th Circuit Denies Motions To Dismiss Appeal And Motions To Stay Methane Rule

    DENVER — A panel of the 10th Circuit U.S. Court of Appeals on June 4 denied motions to dismiss a case challenging the Methane and Waste Prevention Rule issued by the U.S. Bureau of Land Management (BLM) with regard to hydraulic fracturing operations, and it denied motions to stay implementation of the rule filed by environmental organizations. The panel said it lacked jurisdiction over the appeals and it held that the groups failed to demonstrate that the stay factors weigh in their favor (Wyoming, et al. v. United States Department of the Interior, et al., 18-8027, 10th Cir.)

  • June 6, 2018

    Texas High Court: Company That Withheld Fracking Royalties Still Honored Contract

    AUSTIN, Texas — A divided Texas Supreme Court on June 1 affirmed a lower court’s summary judgment ruling in favor of a hydraulic fracturing company in a lease dispute, concluding that the company did not fail to comply with the offset provision in the mineral lease it had entered with two landowner couples when it elected to drill a well rather than pay royalties (Murphy Exploration and Production Company v. Shirley Adams, et al., No. 16-0505, Texas Sup., 2018 Tex. LEXIS 454).

  • June 4, 2018

    Pennsylvania High Court Cites Evidentiary Record, Reverses Fracking Permit Ruling

    HARRISBURG, Pa. — A divided Pennsylvania Supreme Court on June 1 ruled 4-3 to reverse a lower court’s decision and held that the evidentiary record does not support a municipality’s board of supervisors’ decision to grant a permit to a hydraulic fracturing company (Brian Gorsline, et al. v. Board of Supervisors of Fairfield Township v. Inflection Energy LLC, No. 67 MAP 2016, Pa. Sup.).

  • June 4, 2018

    Pennsylvania High Court Partially Affirms, Reverses Fracking Injunction

    HARRISBURG, Pa. — A divided Pennsylvania Supreme Court on June 1 partially affirmed and partially reversed preliminary injunctive relief granted by a lower court in a hydraulic fracturing dispute between the Pennsylvania Department of Environmental Protection (DEP) and a fracking industry advocacy group that had argued that the state’s oil and gas regulations, referred to as Chapter 78, are “unlawful, illegal, void and unenforceable for various reasons” (Marcellus Shale Coalition v. Department of Environmental Protection of the Commonwealth of Pennsylvania, et al., 115 MAP 2016, Pa. Sup.).

  • June 4, 2018

    U.S. Supreme Court Will Not Hear Eminent Domain Case Concerning Fracking Pipeline

    WASHINGTON, D.C. — The U.S. Supreme Court on June 4denied a petition for certiorari in a hydraulic fracturing pipeline case in which Pennsylvania residents argued that a state court decision wrongly permitted Sunoco Pipeline LP to use eminent domain authority to take private property for the construction of the pipeline (Homes for America Inc. v. Sunoco Pipeline LP, No. 17-1519, U.S. Sup.).

  • May 29, 2018

    Agency Has Duty To Protect Public When Making Fracking Plans, Colorado Group Says

    DENVER — A group of Colorado residents on May 25 filed a brief in the Colorado Supreme Court, arguing that the Colorado Oil and Gas Conservation Commission (COGCC) has “the unequivocal duty and authority” to protect public health in its development of oil and gas resources through hydraulic fracturing (Colorado Oil and Gas Conservation Commission, et al. v. Xiuhtezcatl Martinez, et al., No. 2017SC297, Colo. Sup.).

  • May 25, 2018

    Judge: Contract Claim Against Fracking Company Stands; Drainage Issue Not Valid

    MARTINSBURG, W.Va. — A federal judge in West Virginia on May 23 partially granted and partially denied a hydraulic fracturing company’s motion to dismiss an oil and gas lease dispute, concluding that a leaseholder couple had valid breach of contract claims but did not have a claim for breach of the implied duty to protect against drainage (Janet C. Packard, et al. v. Antero Resources Corporation, No. 18-04, N.D. W.Va.; 2018 U.S. Dist. LEXIS 86520).

  • May 24, 2018

    Groups: Trump Administration Violated Law When It Approved Oil And Gas Lease Sale

    BOISE, Idaho — Environmental groups on April 30 sued the Trump administration in the U.S. District Court for the District of Idaho, contending that it has taken “unlawful actions to lease and develop oil and gas resources on public lands” that will adversely impact essential habitats and that violate “bedrock environmental laws” (Western Watersheds Project, et al. v. Ryan K. Zinke, et al., No. 18-187, D. Idaho).

  • May 24, 2018

    2 U.S. Senators Propose Bill To Remove New Mexico Land From Fracking Development

    WASHINGTON, D.C. — Two U.S. senators on May 22 proposed legislation that would remove land around Chaco Canyon, N.M., from federal energy development through hydraulic fracturing and other means as a way to protect Chaco Culture National Historic Park, which the senators say is sacred to all residents of New Mexico.

  • May 23, 2018

    Pennsylvania’s Use Of Fracking Funds ‘Unconstitutional,’ Environmental Group Says

    HARRISBURG, Pa. — The Pennsylvania Environmental Defense Foundation (PEDF) on May 17 sued the state of Pennsylvania and its governor, contending that they have misused funds obtained through the state’s oil and gas lease fund in violation of the Pennsylvania Constitution (Pennsylvania Environmental Defense Foundation v. Pennsylvania, et al., No. N/A, Pa. Cmwlth.).

  • May 15, 2018

    Claims Of Patented Fracturing System Should Be Canceled, Petitioner Says

    ALEXANDRIA, Va. — A patented tubular seat and tubular actuating system for use in oil and gas fracturing is rendered obvious and anticipated by various prior art, according to a May 10 petition for inter partes review filed with the Patent Trial and Appeal Board (Packers Plus Energy Services Inc. v. Baker Hughes Oilfield Operations LLC, No. IPR2018-01030, PTAB).

  • May 7, 2018

    With No Ruling On The Merits In Mineral Rights Suit, Fee Requests Denied

    DENVER — The 10th Circuit U.S. Court of Appeals on May 3 declined to award attorney fees to three oil and gas companies for a ruling against two Oklahoma property owners who challenged the U.S. government’s approval of drilling leases on an Indian reservation, saying the companies were not prevailing parties because the decision was on jurisdiction, not the merits of the case (Martha Donelson, et al. v. United States of America, et al., No. 16-5174, 10th Cir.).

  • May 7, 2018

    Federal Circuit Vacates Denial Of Fees In Fracking Patent Dispute

    WASHINGTON, D.C. — In a May 4 holding, the Federal Circuit U.S. Court of Appeals affirmed findings by a North Dakota federal judge that a hydraulic fracturing patent is unenforceable due to an inventor’s inequitable conduct before the U.S. Patent and Trademark Office (PTO) (Energy Heating LLC, et al. v. Heat-On-The-Fly LLC, et al., Nos. 2016-1559, -1893, -1894, Fed. Cir.).

  • May 7, 2018

    Wisconsin Agency Reverses: Permit For Fracking Sand Facility Improperly Granted

    MADISON, Wis. — The Wisconsin Division of Hearings and Appeals (DHA) on May 4 ruled that the Wisconsin Department of Natural Resources (DNR) did not have sufficient information to grant a permit to a company that wanted to build a hydraulic fracturing sand processing plant on wetlands, and it reversed the decision that issued the permit in the first place (In the Matter of Wetland Individual Permit, No. IP-WC-2016-42-00902, Wis. DNR).