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Oil & Gas Nuisance

Jones Day

Baltimore's Climate Change Lawsuit Dismissed

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In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more

Adams and Reese LLP

The Exhaustion of Administrative Remedies Defense Takes Another Hit

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The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative...more

Gray Reed

Louisiana Legacy Lawsuit Survives Motion to Dismiss

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Withrow v. Chevron is another Louisiana legacy lawsuit, this one claiming that defendants Chevron and Vernon E. Faulconer, Inc., and their predecessors, improperly disposed of toxic and hazardous oilfield wastes in unlined...more

Jones Day

Second Circuit Affirms Dismissal of New York City's Climate Suit

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The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign emissions. ...more

Maynard Nexsen

City of Charleston, State of Connecticut Among Latest to File Climate Suits

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On September 9th, the City of Charleston filed a complaint against a number of oil companies in state court alleging nuisance, trespass, and unfair trade practices related to the companies’ marketing of petroleum products....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2019 #2

WV Supreme Court Mulls Marcellus Shale Mass Litigation Case from Harrison, WV - "While the case centers on Harrison County, where the surface owners live and the Marcellus Shale operations are underway, the case could have...more

Holland & Hart LLP

NYC Climate Change Suit Defeated

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Another day, another loss for governments suing oil and gas producers based on the effects of climate change. Yesterday, the Southern District of New York dismissed a nuisance action filed by New York City against five of...more

Robinson+Cole Manufacturing Law Blog

Climate Change Nuisance Lawsuit Dismissed

This week, a California federal court dismissed a lawsuit brought by two cities against a number of large oil companies seeking to force the companies to fund the cities’ climate change adaptation efforts. The Court held...more

Holland & Hart LLP

Climate Change Suit Defeated

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Yesterday, a California federal court dismissed Oakland’s climate change lawsuit against five of the world’s largest oil and gas producers, holding that Oakland failed to state an actionable claim for public nuisance. The...more

Holland & Hart LLP

Colorado Energy Companies Sued for Climate Change Impacts

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Last week, Boulder made good on its threat to file a lawsuit seeking potentially billions of dollars from energy producers based on the effects of climate change. The city and county of Boulder, along with San Miguel...more

Gray Reed

Limitations Runs on Nuisance Claims

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When must a neighbor sue for nuisance and trespass or else be barred by limitations? It’s a tricky question. In Town of Dish et al v. Atmos Energy et al, the Texas Supreme Court concluded that the claims were time-barred. The...more

Gray Reed

Award for Nuisance From Gas Wells Squelched

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It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Baker Donelson

Texas Supreme Court Denial of Review Could Impact / Dissuade Health-Based Tort Claims Involving Neighboring Oil and Gas Activities

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On December 2, 2016, the Texas Supreme Court denied review in Cerny v. Marathon Oil Corp., leaving in place the decision of the Fourth Court of Appeals, affirming summary judgment for the defendants and finding that the...more

Gray Reed

Texas Supreme Court Clarifies Nuisance Law

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Gardiner v. Crosstex North Texas Pipeline LLC, has brought clarity to Texas nuisance law. It took the Texas Supreme Court 54 pages; we have it in under 600 words. ...more

Beveridge & Diamond PC

Eighth Circuit Holds Fear of Contamination Insufficient to Establish Nuisance Class

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In a ruling that underscores the difficulty of securing class certification in toxic tort cases involving fear of contamination claims, the United States Court of Appeals for the Eighth Circuit reversed a Missouri federal...more

Beveridge & Diamond PC

Third Time Is the Charm for Refinery in Getting Claims Dismissed With Prejudice

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In a case that tested a federal judge’s patience for inadequate pleadings, a Michigan federal court shut down a group of business owners’ repeated attempts to craft viable tort claims against an oil refinery in a...more

Gray Reed

Compressor Station Negligent Nuisance Verdict Reversed

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Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil...more

Beveridge & Diamond PC

Pennsylvania Federal Court Rejects Early Lone Pine Motion in Oil and Gas Nuisance Suit

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A federal district court in Pennsylvania cautioned against premature Lone Pine motions in a ruling that may be instructive for future lawsuits involving oil and gas exploration and production operations....more

Baker Donelson

Nuisance Claims Becoming More Than a Mere Nuisance in Texas

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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

King & Spalding

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

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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

BakerHostetler

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

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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

Gray Reed

The Fracing Verdict – What Didn’t Get To The Jury?

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As we know, the Parrs won a $2.9 million jury verdict against Aruba Petroleum for a nuisance created by gas wells near the Parrs’ home in Wise County, Texas. Let’s see what claims didn’t make their way to the jury. ...more

King & Spalding

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

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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

Jackson Walker

$3 Million Verdict in Fracking Case - Fluke or the Harbinger of Claims to Come?

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In a highly anticipated verdict reached on April 22, 2014, a Dallas County Court at Law jury awarded the Parr family $2.925 million against Aruba Petroleum on a nuisance claim arising out of drilling in the Barnett Shale in...more

Spilman Thomas & Battle, PLLC

What’s Up with Noise, Light, Dust and Volatile Organic Compounds?

The West Virginia Department of Environmental Protection (“DEP”) released its report to the West Virginia Legislature in May on the study of “noise, light, dust and volatile organic compounds generated by the drilling of...more

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