News & Analysis as of September 19, 2024

Fracking

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Fracking is a non-technical term for Hydraulic Fracturing. Fracking or Hydraulic Fracturing is a method for retrieving, otherwise inaccessible, natural gas and petroleum by injecting pressurized fluid and chemicals into underground rock causing fissures. The fissures widen and expand allowing petroleum and gas to escape and flow to areas where it can be retrieved. less -

Permian Consolidation Piques Interest in Drill-to-Earn Opportunities

Bracewell LLP on 8/20/2024

The current roster of players in the Permian Basin stands in stark contrast to what it was at the peak of the shale revolution. During the last year and a half alone, the basin has seen a consolidation trend accelerate,...more

MoFo’s State + Local Government Enforcement Newsletter - August 2024

Morrison & Foerster LLP on 8/14/2024

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

Pillsbury Winthrop Shaw Pittman LLP on 7/26/2024

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Is Frack Wastewater the Secret Source of Lithium

Flaster Greenberg PC on 6/20/2024

Over the last few weeks, numerous articles have appeared touting the residue in wastewater that had been used in hydraulic fracturing operations as a potential source of lithium. (Source 1) (Source 2) (Source 3). Lithium, of...more

Can We Achieve Energy Transition Without The “American War Machine”?

Flaster Greenberg PC on 6/20/2024

Along with the incessant calls of “from the river to the sea...,” one refrain that is heard often among pro-Palestinian protesters at college encampments is this expressed by Barnard college student Maria Grosso, who wants...more

Update on Pennsylvania Subsurface Trespass

Gray Reed on 6/12/2024

Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more

California Environmental Law & Policy Update 2.16.24

Allen Matkins on 2/19/2024

The California Department of Conservation last Friday released a proposal to stop issuing permits for well stimulation treatments, commonly known as fracking. Most fracking operations in California are carried out in oil...more

Ohio Supreme Court Holds Equipment Used in Fracking Exempt from Use Tax

Blank Rome LLP on 8/18/2023

The Ohio Supreme Court, reversing the Board of Tax Appeals, held that various items of equipment used in providing fracking services were directly used in the production of oil and gas and, consequently, were exempt from Ohio...more

Hydraulic Fracking Services/Commercial General Liability Policy: Federal Appellate Court Addresses Coverage for Faulty Workmanship

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/23/2023

Co-Author: Jenna Davidson The United States Court of Appeals for the Third Circuit (“Appellate Court”) addressed in a May 31st Opinion an insurance coverage question arising out of hydraulic fracking services being employed...more

Third Circuit Confirms No “Occurrence” Under Pennsylvania Law for Poor Workmanship in Fracking Claim

Houston Harbaugh, P.C. on 6/7/2023

In a May 31, 2023, precedential decision, the United States Court of Appeals for the Third Circuit confirmed that under well-settled Pennsylvania law, claims of poor workmanship do not involve an “occurrence” required to...more

Marcellus Shale Update: Energy Remains an Important Electoral Issue Even in “Safe” States Like New York: Law Firm, Attorneys

Flaster Greenberg PC on 10/19/2022

Now less than one month before Election Day, the New York Governor's race is far closer than most had anticipated. Incumbent Democrat Kathy Hochul, who succeeded Andrew Cuomo following his resignation, is being pressed by...more

Energy Could be an Issue in Pennsylvania - If the Republicans Can Run a Campaign

Flaster Greenberg PC on 9/29/2022

Pennsylvania is rapidly becoming the ultimate battleground state in American politics. Famously described by Democratic political operative James Carville as “Philadelphia in the East, Pittsburgh in the West, and Alabama in...more

PA GOP Can’t Crack Anti-Frack

Goldberg Segalla on 9/22/2022

The Delaware River Basin Commission (“DRBC”), the first government-and-state joint venture in river basin planning since the birth of the nation, itself, won a substantial—but narrow—victory on Friday when the 3rd Circuit...more

Insurance Update - July 2022

Rivkin Radler LLP on 7/21/2022

Our July Insurance Update is here. This is what we discuss. “Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more

Consejo de Estado declara la legalidad de las normas que regulan el fracking en Colombia

Holland & Knight LLP on 7/11/2022

El 7 de julio de 2022 la Sala Plena de la Sección Tercera del Consejo de Estado de Colombia, expidió la sentencia de única instancia, con ponencia del Consejero José Roberto Sáchica (la Sentencia), por medio de la cual...more

The State AG Report – 6.9.2022

Cozen O'Connor on 6/15/2022

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: AG Bonta Secures Appellate Decision Blocking...more

California Environmental Law & Policy Update - June 2022 #2

Allen Matkins on 6/13/2022

Ninth Circuit blocks permits for hydraulic fracturing off California coast Bullet Los Angeles Times - June 3 The U.S. Ninth Circuit Court of Appeals last Friday blocked hydraulic fracturing, commonly known as fracking, off...more

AG Bonta Secures Appellate Decision Blocking Coastal Fracking in California

Cozen O'Connor on 6/10/2022

California AG Rob Bonta, along with a coalition of environmental groups and the California Coastal Commission, secured a decision by the U.S. Court of Appeals for the Ninth Circuit finding that the decision by agencies within...more

Ninth Circuit Court of Appeals Invalidates Fracking Offshore California

Holland & Knight LLP on 6/8/2022

In Environmental Defense Center et al. v. BOEM et al (No. 19-55526), the U.S. Court of Appeals for the Ninth Circuit on June 3, 2022, invalidated the U.S. Department of Interior's issuance of dozens of permits for well...more

Colorado Drilling Project Stopped in its [F]racks!

Goldberg Segalla on 5/26/2022

On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going...more

As Ukraine Fights for Its Life, Philadelphia Remains Dormant

Flaster Greenberg PC on 5/4/2022

Just north of Philadelphia International Airport and south of the Philadelphia sports Stadium complex lies the Port of Philadelphia, one of the largest freshwater ports in the world. So strategically located is the Port of...more

With The Coronavirus, As With Fracking, Too Much Scientific And Media Conformity Can Lead To Bad Policy

Flaster Greenberg PC on 3/14/2022

In 2008, then acting New York Governor David Patterson ordered a temporary ban on hydraulic fracturing in New York State. His successor, Andrew Cuomo, promised to study the issue. For nearly six years, Cuomo reiterated that...more

Russia's Invasion Of Ukraine Forces A Rethink Of American Energy Policies

Flaster Greenberg PC on 3/14/2022

Shortly before Russia invaded Ukraine on Thursday, February 23, President Biden reinstated the sanctions against the Nord Stream 2 pipeline that he had waived only last year. Depending on what side of the political divide you...more

What’s Up With Those West Texas Earthquakes?

Gray Reed on 2/17/2022

If you dispose of produced water you are no-doubt aware of the intensive earthquakes being observed across the Midland and Delaware Basins. In West Texas Earthquake Observations, Implications for the Oil and Gas Industry,...more

Is the Oil and Gas Industry Worth Defending?

Gray Reed on 2/3/2022

Of course it is. (Apologies for the clickbait.) If further reading would damage you, I recommend a subscription to the Guardian. Otherwise, consider these points of view when conversing with those in need of enlightenment....more

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Fracking

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