Energy & Utilities Personal Injury

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New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on...more

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more

Deepwater Horizon ruling puts focus on prevention

Last week’s decision by District Judge Carl Barbier exposes the UK-headquartered energy giant to up to $18bn in fines for the 2010 drillship incident because, under the same US laws that cover tanker spills, civil penalties...more

Texas Supreme Court to Hear Defamation Case Involving Fracking Claims

On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more

New Wave of State Law Air Pollution Torts?

The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters. A new wave of state common law air pollution...more

Nuisance Claims Becoming More Than a Mere Nuisance in Texas

Plaintiffs Bob and Lisa Parr obtained a $2.9 million verdict in April 2014 against Aruba Petroleum, Inc. for health problems allegedly related to oil and gas drilling operations and air emissions near their home. The large...more

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

Frac(k)ing, Parr v. Aruba, and Minority Oppression

WHAT IS IT, FRACING OR FRACKING? Having gone back-and-forth over how to spell the process, I’ve figured it out....more

Nuisance Verdicts in the Barnett Shale: Two claims arising out of the same natural gas operations yield two very different...

On April 10, 2014, a Fort Worth jury rejected a landowner's nuisance claim against a well operator in Teri Anglim v. Chesapeake Operating Inc., 2011-008256-1. Plaintiff Teri Anglim claimed that Chesapeake's operations at two...more

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more

$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although...more

Supreme Court Allows Third Circuits GenOn Opinion to Stand: State Law Actions Not Preempted By the Clean Air Act

The U.S. Supreme Court has refused to hear the case of Kristie Bell v. GenOn, where the Third Circuit Court of Appeals ruled that the Clean Air Act did not preempt state common law actions seeking damages for air pollution....more

Texas Supreme Court weekly orders (6/14)

In its order list for June 20, 2014, the Texas Supreme Court issued opinions in eight cases and granted review in one case. In this post, I will summarize the opinions in four cases, and also describe the case in which the...more

U.S. Supreme Court Allows to Stand Ruling That Sources of Air Pollutants are Subject to State Common Law Tort Claims

On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more

Operator Wins JOA Fight

MDU Barnett Ltd. P’ship v. Chesapeake Exploration Ltd. P’ship is at least three things: - The culmination of an unhappy relationship between an operator and non-operators. - What happens when joint owners’ interests...more

Plugging the Wrong Well is Likely to Impact Your Pocketbook

The Texas Railroad Commission’s contractor, Superior, plugged the 708S-5 well on behalf of the Commission. Oops! The contractor plugged the wrong well. ...more

The Construct - May 2014

In This Issue: - Green Law Corner - You Decide: Green Globes vs. LEED: The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for...more

Dallas Jury Awards $3 Million Verdict Against Oil and Gas Production Company

On April 22, 2014, a Dallas jury awarded almost $3 million to a Texas family in a nuisance case referred to in media headlines as the first-of-its-kind “fracking” case. Parr v. Aruba Petroleum, Inc., No. 11-01650-E (County...more

Texas Jury Awards Damages for Fracking Nuisance Claim for the Second Time

Last Friday, a Texas jury awarded a Tarrant County couple $20,000 in damages after finding activities at a natural gas drilling site located 165 feet from their property constituted a temporary private nuisance. The verdict...more

$2.9 Million Verdict for Plaintiffs Against Oil and Gas Driller

On April 22, 2014, after a two-and-a-half week trial, a Dallas County Court at Law entered a final judgment on a split jury verdict awarding $2.925 million to Texas family, Bob and Lisa Parr from Decatur, against Barnett...more

Responding To Litigation Risk From Climate Change - Informed Decision Making

In the last few weeks, several major organisations, including the OECD and the US federal government, have released reports on the need to deal with climate change risk. Significantly, the world's largest global insurance...more

"Hydraulic Fracturing" Verdict in Texas State Court -- Texas family recovers $3 million based on nuisance theory

On April 22, 2014, a six-person jury in Dallas awarded a Texas family $2.925 million in a trial based on medical problems allegedly caused by natural gas development. While the case involved gas wells that had been...more

Texas Family Awarded $2.9 Million in Damages from Fracking Nuisance Claims

On April 22, 2014, a Dallas County, Texas jury awarded a family $2.9 million dollars for personal injury and property damages arising out of their suit against Aruba Petroleum, Inc. The jury’s verdict includes damage awards...more

Important Case on Subsurface Trespass Pending before the Texas Supreme Court

Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more

Energy Newsletter - May 2014

In This Issue: - Important Case on Subsurface Trespass Pending before the Texas Supreme Court - U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS - Texas...more

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