Mealey's Fracking
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July 06, 2023
Judge Stays Compliance Order, Says Fracking Company May Continue To Operate
DENVER — A state court judge in Colorado has granted a stay requested by a hydraulic fracturing company that allows it to continue operating despite an order from the Colorado Oil and Gas Conservation Commission (COGCC) finding that the company violated a compliance agreement by not storing and treating fracking waste in a manner that protects public health.
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July 06, 2023
Royalty Owner Says Fracking Company’s Bid To Compel Arbitration Is Invalid
COLUMBUS, Ohio — A mineral rights owner filed a brief in Ohio federal court opposing a hydraulic fracturing operator’s motion to compel arbitration in a royalty payment dispute, arguing that the provision in the mineral lease that purports to require arbitration of the claim is invalid under Ohio’s general principles of contract law.
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June 30, 2023
Patent Dispute Over Tool Used In Oil, Gas Drilling Industry Partly Reinstated
WASHINGTON, D.C. — A divided Federal Circuit U.S. Court of Appeals has ruled that although a Texas federal judge correctly construed two disputed claim terms, his subsequent finding of noninfringement with regard to a patented tool and method for moving oil and gas drilling pipes must be reversed, in part.
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June 30, 2023
Insurer Says 3rd Circuit Properly Found Faulty Workmanship Is Not Occurrence
PHILADELPHIA — Rehearing of the Third Circuit U.S. Court of Appeals’ ruling in favor of an insurer in a dispute over coverage for damages to natural gas wells caused by the insured’s fracking work is not warranted because the panel correctly found that neither faulty workmanship nor failure to perform a contract in a workmanlike manner can be construed as an occurrence under the policy at issue, an insurer says in response to the insured’s petition for panel rehearing and rehearing en banc.
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June 29, 2023
Fracking Company Says Bid To Quash Subpoena In Abandoned Wells Case Fails
WHEELING, W.Va. — A hydraulic fracturing company has filed a brief in West Virginia federal court contending that it should deny a landowner’s motion to quash a subpoena in a case pertaining to abandoned wells on jurisdictional grounds and because the landowner has not met his burden for resisting discovery.
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June 28, 2023
Residents Say City Violated Law By Approving Permit Altering Drilling Zone
FORT WORTH, Texas — Residents have sued Arlington, Texas, in a state court alleging that the city council violated the state law on open meetings when it approved a permit for oil and gas wells after failing to post adequate notice of the company’s application.
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June 26, 2023
Fracking Sand Company CEO Denies Allegations In Securities Fraud Case
YOUNGSTOWN, Ohio — The CEO of a company that was sued for securities fraud related to its business of selling allegedly high-quality sand used as a proppant for hydraulic fracturing operations has filed an answer to the amended complaint in the case, denying all allegations.
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June 26, 2023
Company Says Archdiocese Is Wrong About Jurisdiction In Drilling Dispute
LOS ANGELES — An energy company has filed an opposition brief in a California court arguing that the Roman Catholic Archdiocese of Los Angeles erroneously claims that the court lacks jurisdiction to rule on the company’s complaint for breach of contract in relation to a dispute over the operation of an oil and gas production facility on land owned by the archdiocese.
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June 23, 2023
Federal Judge: Trespassing Pipeline On Tribal Land Must Be Shut Down In 3 Years
MADISON, Wis. — An Indian tribe is entitled to permanent injunctive relief and monetary damages for the past and continued trespass of an oil pipeline that crosses the tribe’s reservation because it runs along easements that have expired and the threat of rupture has increased due to the movement of a river, a Wisconsin federal judge held in ordering the pipeline’s owner and operator to cease operations on the reservation within three years.
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June 23, 2023
Groups Sue Agency For Allowing More Drilling In San Joaquin Valley Of California
FRESNO, Calif. — Environmental advocacy groups on June 22 sued the U.S. Bureau of Land Management (BLM) in California federal court seeking declaratory and injunctive relief for alleged violations of federal law as a result of the BLM’s approval of drilling permits on public land in the San Joaquin Valley of California.
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June 21, 2023
Company: Court Should Deny Class Certification Bid In Fracking Securities Case
HOUSTON — A hydraulic fracturing company has filed a brief in Texas federal court arguing that it should not grant class certification in a securities fraud lawsuit because the company has rebutted the presumption of classwide reliance by demonstrating a lack of price impact as to the alleged misrepresentations at issue.
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June 21, 2023
Energy Company: It Would Be ‘Clear Error’ To Let Mineral Rights Ruling Stand
COLUMBUS, Ohio — An energy company has filed a reply brief in Ohio federal court arguing that it should reconsider a ruling that dismissed many of the company’s claims in a complex mineral rights dispute because it would be “clear error” to let the ruling stand in light of the court’s analysis of the Rooker-Feldman doctrine.
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June 12, 2023
Parties’ Letters To Court Debate Nature Of Case About Fracking Railway Line
WASHINGTON, D.C. — The Surface Transportation Board (STB) has sent a letter to the District of Columbia Circuit U.S. Court of Appeals contending that an environmental advocacy group has engaged in “mischaracterizations” in its response to another letter sent to the D.C. Circuit by intervenors in litigation pertaining to a proposed rail line in Utah that would carry, among other things, products related to hydraulic fracturing to and from the shale formation in the Uinta Basin. The STB contends that the final destination of the products remains general rather than specific.
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June 09, 2023
Companies Say Fracking Patent Expert’s Opinions Are ‘Unsupported And Unsound’
MIDLAND, Texas — Fuel distribution companies that are defendants in a hydraulic fracturing patent dispute moved in Texas federal court to exclude certain opinions of the plaintiff’s expert on grounds they are “unsupported and unsound” theories of infringement.
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June 09, 2023
Groups Seek Agencies’ Records Explaining Failure To Hold Fracking Lease Sales
CHEYENNE, Wyo. — Fracking trade groups have filed a reply brief in Wyoming federal court arguing that it should grant declaratory relief and direct the parties to proceed directly to the remedies phase of consolidated litigation the groups and Wyoming have brought against the U.S. Department of the Interior (DOI) for its failure to conduct mineral lease sales for hydraulic fracturing in the third and fourth quarters of 2022.
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June 08, 2023
Magistrate Judge Says Fracking Fraud Case Barred By Statute Of Limitations
PITTSBURGH — A federal magistrate judge in Pennsylvania on June 7 ruled that a case brought by an energy company against a law firm and its representatives for fraud related to the purchase of oil and gas assets in the Marcellus Shale formation was barred by the statute of limitations because the energy company waited too long to file the case.
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June 08, 2023
Ohio High Court To Hear Fracking Dispute Over Definition Of ‘Utica Shale’
COLUMBUS, Ohio — A divided Ohio Supreme Court will hear a case on the common meaning of the language in a hydraulic fracturing lease that is the subject of a dispute between fracking operators and a mineral rights owner pertaining to the definition of what constitutes the “formation commonly known as the Utica Shale.” The rights owner contends that the companies drilled beyond the shale formation in violation of the lease agreement.
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June 07, 2023
Judge Says Pipeline Company Fails To Show Injunction Is Warranted In Permit Case
HARRISBURG, Pa. — A federal judge in Pennsylvania denied a pipeline company’s motion for an injunction to prevent environmental advocates from appealing permits required for a gas pipeline expansion project, ruling that the company failed to show that the “extraordinary remedy of a preliminary injunction is warranted in this case.”
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June 07, 2023
Fracking Operator: Energy Company’s Bid To Reconsider Mineral Rights Ruling Fails
COLUMBUS, Ohio — A hydraulic fracturing operator has filed a brief in Ohio federal court opposing an energy company’s motion to reconsider a previous ruling that dismissed many of that company’s claims in a complex mineral rights dispute. The fracking operator contends that the court has already rejected the arguments for reconsideration and that based on recent developments in the case, the issue of reconsideration is moot.
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June 06, 2023
Biden Administration, Tribes: Court Should Deny Objections To Intervention Ruling
SALT LAKE CITY — The Biden administration and Native American tribes on June 5 filed a brief in Utah federal court contending that it should deny objections by groups that were denied the right to intervene in a lawsuit pertaining to the administration’s decision to reinstate the dimensions of Bears Ears and Grand Staircase-Escalante national monuments because the potential intervenors “inaccurately claim” that in issuing the ruling the judge adopted a “novel” approach to intervention.
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June 06, 2023
Texas High Court Will Hear Fracking Dispute Over Fairness Of Pooling Offer
AUSTIN, Texas — The Texas Supreme Court will hear Ammonite Oil & Gas Corp.’s case against the Texas Railroad Commission (RRC) for the RRC’s denial of Ammonite’s request for forced pooling of oil and gas resources with EOG Resources. Ammonite contends that the RRC wrongly determined that Ammonite’s voluntary pooling offer to EOG was not “fair and reasonable.”
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June 05, 2023
U.S. High Court Will Not Hear Trade Group’s Petition Related To Offshore Fracking
WASHINGTON, D.C. — The U.S. Supreme Court on June 5 refused to hear a hydraulic fracturing trade group’s petition in which it had argued that a federal appellate panel “drastically expanded the meaning of ‘final agency action’” under the Administrative Procedure Act (APA) when it ruled that federal agencies violated the law when they approved drilling in the Pacific Outer Continental Shelf off the coast of California.
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June 02, 2023
U.S. Chamber: NEPA Does Not Require Additional Analysis Of Federal Fracking Leases
WASHINGTON, D.C. — A federal judge in the U.S. District Court for the District of Columbia granted the U.S. Chamber of Commerce permission to file an amicus curiae brief in a hydraulic fracturing lease dispute, and a proposed version of the brief that the U.S. Chamber filed with its motion for leave argues that the “rule of reason” in the National Environmental Policy Act (NEPA) does not require the U.S. Bureau of Land Management (BLM) to conduct the additional analysis on greenhouse gas emissions (GHG) that environmental groups demand.
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June 01, 2023
3rd Circuit Says Faulty Workmanship Is Not Occurrence, No Coverage Owed To Insured
PHILADELPHIA — The Third Circuit U.S. Court of Appeal on May 31 reversed a district court’s ruling that an insurer must indemnify its insured for damages to natural gas wells caused by the insured’s fracking work because neither faulty workmanship nor failure to perform a contract in a workmanlike manner can be construed as an occurrence under the policy at issue.
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June 01, 2023
Panel Vacates Ruling In Fracking Case, Says Dispute Belongs At Pipeline Commission
HARRISBURG, Pa. — A state appeals panel in Pennsylvania vacated a trial court’s dismissal of a pipeline dispute brought by residents contending that a pipeline to carry hydraulically fractured oil and gas through residential areas and remanded the matter with instruction that the plaintiffs’ unfair trade practices claims should be stayed and the remaining causes of action should be transferred to the Pennsylvania Public Utility Commission (PUC).