News & Analysis as of

Earthquakes

Leave It to the States: Oklahoma Federal Court Dismisses Fracking Suit In Favor Of Administrative Regulation

by Liskow & Lewis on

On April 4, 2017, a federal district court dismissed a citizen-enforcement action under the Resource Conservation and Recovery Act that could have profound impact on fracking suits against the oil and gas industry. In...more

District Court Invokes Burford Abstention and Primary Jurisdiction Doctrines to Dismiss RCRA Citizen Suit

The U.S. District Court for the Western District of Oklahoma has dismissed the Sierra Club’s Resource Conservation and Recovery Act (RCRA) citizen suit, filed against several oil and gas producers seeking declaratory and...more

New Year - New Insurance Law

by DLA Piper on

In an earthquake related judgment issued in late December 2016, the High Court (Court) found a mutual duty of good faith applied to parties to an insurance contract, including during the claims handling process. A breach of...more

Can You Predict Earthquakes? Well, Sort Of

by Zelle LLP on

Followers of the CAT-Law Navigator know that our blog posts often address recent earthquakes around the world. As catastrophes go, a massive earthquake is about as bad as it gets so it’s a natural topic for us. And if...more

Fracking, Earthquakes and Civil Authority

by Zelle LLP on

In last week’s post, we discussed the rapid development of the hydraulic fracturing (“fracking”) industry in the United States, and some of the innate risks presented by those operations. In particular, the post focused on a...more

California Ballot 2016: Los Angeles County Measures A & M

by Lewitt Hackman on

This is the fourth and final blog in our 2016 California Election Guide Series – the first three providing brief synopses of the 17 state-wide ballot initiatives residents will see in November. In this final segment, we will...more

West Coast Real Estate Update: October 2016

by Holland & Knight LLP on

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s...more

“Shaking” Things Up: Seismic Risk Assessments

by Dechert LLP on

Returning to our theme that nothing’s easy and everything keeps changing, here is one out of left field. Let’s talk PML and seismic risk. ASTM International, the market standard setting organization for everything from toilet...more

The California Earthquake Authority (CEA) is Considering Purchasing Cat Bonds over Reinsurance

by Locke Lord LLP on

This year the CEA will buy more reinsurance than in prior years, but the CEA may be casting an eye towards revenue bonds as part of its overall claims-paying resources, believing that a bond program could be more effective...more

Update – City of Los Angeles Releases List of 13,500 Soft First Story Buildings Targeted for Earthquake Retrofitting

The City of Los Angeles Department of Building and Safety (DBS) has released its list of wood frame soft-story buildings that may be required to undergo mandatory retrofitting. The list can be obtained by request to DBS, and...more

Is Increased Seismic Activity from the Disposal of Fracking Fluid Actionable Under RCRA?

by Seyfarth Shaw LLP on

Seyfarth Partner Andrew H. Perellis is quoted in this Forbes Legal News article today, Sierra Club’s Legal Theory In Frackquake Case Draws ‘Star Trek’ Comparison (March 31, 2016). The article concerns a complaint filed...more

Sierra Club Sues Over Oklahoma Earthquakes

by Kelley Drye & Warren LLP on

The Sierra Club has filed suit against three oil and gas companies operating in Oklahoma, alleging that the companies’ wastewater injection practices were behind the recent uptick in earthquake activity in the state. The...more

Tort Suit Seeks to Hold Drillers Responsible for Oklahoma Earthquakes

by Beveridge & Diamond PC on

In what may be part of a wave of litigation blaming increased seismicity on oil and gas development activities, 12 residents of Oklahoma City and its suburbs filed suit against oil and gas drillers and operators of wastewater...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 1, February 2016

by Beveridge & Diamond PC on

Sixth Circuit Rules that Clean Air Act Does Not Preempt State Tort Claims - In a decision that may leave facilities open to private tort liability despite compliance with federal Clean Air Act (CAA) requirements, the...more

Two Frackquake Lawsuits Filed in Oklahoma

by Stoel Rives LLP on

Two lawsuits were filed within days of each other in Oklahoma, claiming that energy companies engaged in hydraulic fracturing and underground disposal of produced water are causing earthquakes throughout the state. These...more

CEQA Year In Review 2015

by Perkins Coie on

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

UPDATE: Texas RRC Agrees Earthquakes Not Caused by EnerVest, XTO Injection Wells

by Kelley Drye & Warren LLP on

In a November 3 decision, the Texas Railroad Commission (RRC) agreed with an administrative law judge (ALJ) that two wastewater injection wells, one operated by EnerVest Operating LLC and the other by Exxon Mobil Corp....more

Sierra Club Issues Notice of Intent to Sue over Frackquakes in Oklahoma

by Stoel Rives LLP on

On Monday, November 2, the Sierra Club issued a Notice of Intent to Sue (“Notice”) four oil companies, alleging ongoing violations of the Resource Conservation and Recovery Act (“RCRA”). Specifically, the Notice states that...more

Fracking-Related Earthquake Litigation Gains Momentum

On June 30, 2015, the Oklahoma Supreme Court issued a decision that opened the courthouse doors to lawsuits for property damage and personal injuries caused by earthquakes purportedly related to fracking activities. See Ladra...more

Oh My! Oklahoma Court Allows Earthquake Case to Proceed

by Gray Reed & McGraw on

What should we make of the Oklahoma Supreme Court’s order sending a suit alleging injuries from an earthquake back to the trial court for further action?  Did the court unleash the lions, tigers and bears of the litigation...more

Los Angeles City Council Approves Major Earthquake Retrofitting Ordinance

On October 9th, the Los Angeles City Council voted 12-0 to approve an ordinance requiring mandatory earthquake retrofitting for thousands of buildings in Los Angeles. The ordinance comes nearly a year after the publication of...more

UK Shale Gas - Going all out for Shale

by K&L Gates LLP on

As part of a package of measures to kick-start the shale gas industry in the UK, the UK government issued a joint Written Statement by DECC and DCLG on 16 September 2015 containing a new shale gas and oil policy. This policy...more

Texas Railroad Commission Finds Earthquakes in North Texas Not Caused by Drilling Operations

by Baker Donelson on

Update: On September 10, the Texas Railroad Commission concluded that these small earthquakes that occurred near Azle, Texas likely were not caused by drilling operations conducted by EnerVest Operating LLC. The Texas...more

Second Railroad Commission Decision Agrees Injection Well Not Likely Contributor to Earthquakes

by Kelley Drye & Warren LLP on

Texas Railroad Commission examiners have determined that a well operated by EnerVest Operating LLC likely did not contribute to a series of earthquakes in the state, mirroring a similar determination made on August 31 in a...more

Texas Wastewater Injection Wells Off the Hook for Causing Earthquakes

by BakerHostetler on

On September 10, the Texas Railroad Commission absolved a second oil and gas company of causing a series of earthquakes in northern Texas finding that the seismic activity was due to “natural tectonic processes.” The...more

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