News & Analysis as of September 19, 2024

Fracking › Earthquakes

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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 -

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

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

Currents - Energy Industry Insights - May 2018

Spilman Thomas & Battle, PLLC on 5/5/2018

In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...more

Currents - Energy Industry Insights - January 2018 - Issue 4

Spilman Thomas & Battle, PLLC on 1/26/2018

West Virginia Surface, Mineral Rights Owners Say Details Will be Key to Getting Co-Tenancy Bill Passed - "Surface and mineral rights owners most affected by co-tenancy legislation say they're wary of jumping on the...more

Currents - Energy Industry Insights - December 2017 #2

Spilman Thomas & Battle, PLLC on 12/19/2017

Virginia Agency Takes Unexpected Step that Could Delay Gas Pipeline Project - "The State Water Control Board approved permits for the $5 billion Atlantic Coast Pipeline, which is backed by Dominion Energy, but took the...more

A Development in Earthquakes and Fracking

Gray Reed on 4/27/2017

Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more

Fracking, Earthquakes and Civil Authority

Zelle LLP on 1/3/2017

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

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

Seyfarth Shaw LLP on 4/1/2016

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

Kelley Drye & Warren LLP on 2/22/2016

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

Two Frackquake Lawsuits Filed in Oklahoma

Stoel Rives LLP on 1/18/2016

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

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

Stoel Rives LLP on 11/6/2015

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

Oh My! Oklahoma Court Allows Earthquake Case to Proceed

Gray Reed on 10/23/2015

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

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

Baker Donelson on 9/28/2015

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

Kelley Drye & Warren LLP on 9/17/2015

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

BakerHostetler on 9/16/2015

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

Railroad Commission Examiners Find Injection Well Not Likely Contributor to Earthquakes

Kelley Drye & Warren LLP on 9/9/2015

The controversy around whether wastewater injection wells cause earthquakes was finally put to legal scrutiny in a recent proceeding before administrative hearing examiners (Examiners) with the Texas Railroad Commission,...more

Did the 2015 Texas Legislature Help Oil and Gas?

Gray Reed on 8/13/2015

Your Texas legislators have done their work and the citizens are safe for the next two years. The other good news is that industry supporters generally believe the 2015 Legislature was their friend. House Bill 2: Set...more

Increased Earthquake Activity Prompts Oklahoma to Reduce Wastewater Injection Rates in Limited Number of Wells

BakerHostetler on 8/13/2015

Regulators in Oklahoma have issued new restrictions on underground injection control wells in the vicinity of the Arbuckle formation – a 122 square mile area that recently experienced a cluster of minor earthquake activity,...more

Oklahoma Supreme Court Finds Subject Matter Jurisdiction Over Earthquake Claims

Beveridge & Diamond PC on 8/6/2015

Potentially opening the door for litigation that seeks to tie deep-well injection of hydraulic fracturing flowback and other wastewater to damage caused by earthquakes, the Oklahoma Supreme Court unanimously held that state...more

Fracking, Trigger Warnings, and a Safe Room

Gray Reed on 7/23/2015

First, an apology. I have brought shame to my own self and this blog for failing to invoke trigger warnings about activities I will mention again, after the appropriate trigger warning. (I had no idea there were so many.)...more

Oklahoma Holds Question of Whether Fracking Causes Earthquakes is for the Courts to Decide.

Cozen O'Connor on 7/3/2015

The issue of whether hydraulic fracturing or “fracking” causes earthquakes has first-party insurance implications because policies typically exclude damage from tremors attributable to man-made causes as opposed to purely...more

Texas Operator Pushes Back on Seismic Claims at Railroad Commission Hearing

BakerHostetler on 6/16/2015

Earlier this week, the Texas Railroad Commission held its first “show cause” hearing under the rule amendments adopted last October to address issues related to disposal wells located in potential high-risk seismic areas....more

EPA Issues Landmark Hydraulic Fracturing Study, Finds “No Widespread, Systemic Impacts on Drinking Water”

McGuireWoods LLP on 6/9/2015

The U.S. Environmental Protection Agency has released a draft of its hotly anticipated hydraulic fracturing study, finding that the controversial practice has not led to widespread, systemic impacts on drinking water, as some...more

Pennsylvania Joins Oklahoma, Bans Homeowners Insurers From Attributing Earthquakes to Fracking

Cozen O'Connor on 5/22/2015

Last month we reported that the Oklahoma Insurance Commissioner had issued a bulletin cautioning earthquake insurers against denying claims on the basis that the quake was attributable to a man-made cause, which is to say oil...more

Southern Methodist University Study Suggests Hydraulic Fracturing Responsible for Uptick in Texas Earthquakes

BakerHostetler on 5/14/2015

In an article published late last month in the journal Nature Communications, researchers at Southern Methodist University pointed to hydraulic fracturing activities as the probable cause of an increase in earthquakes near...more

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Fracking › Earthquakes

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