Fracking

Pipeline Expansion Project May Proceed After Ct Upholds Validity of Easement

Fracking, oil spills /

With the nation is in the middle of building pipeline infrastructure to transport natural gas from fracking operations as well as Canadian oil, I suspect we will see more case like Enbridge Pipelines (Ill.) L.L.C. v. Moore, 633 F.3d 602 (7th Cir. 2011) where landowners argued that a 1939 pipeline easement had expired. Presumably, the […]

Pipeline Expansion Project May Proceed After Ct Upholds Validity of Easement Read More »

GAO Report Discusses Concerns About Pipelines Used For Fracking Operations

Environmental Due Diligence, Fracking, oil spills /

Approximately 2.5 million miles of pipelines transverse the United States carrying hazardous liquids and natural gas from producing wells to end users (residences and businesses). Many of these pipeline networks are aging while others such as natural gas gathering pipelines remain largerly unregulated. Moreover, development has encroached on many of pipelines that were formerly located

GAO Report Discusses Concerns About Pipelines Used For Fracking Operations Read More »

Migratory Bird Treaty Act Held Not To Apply To Reserve Pits Used in Oil and Gas Operations

Fracking /

As North Dakota has become a leader in hydraulic fracturing, the state has also begun to generate some interesting caselaw. Though not specifically a fracking case, a recent decision discusses the liability of drillers under the Migratory Bird Treaty Act (MBTA) for birds who die because of exposure to reserve pits. This MTBA makes it

Migratory Bird Treaty Act Held Not To Apply To Reserve Pits Used in Oil and Gas Operations Read More »

Two NY State Courts Uphold Zoning Ordinances Banning Fracking

Fracking /

Two New York State trial courts have upheld town zoning ordinances that prohibit fracking operations. In Anschutz Exploration Corp. v Town of Dryden, 2012 N.Y. Misc. LEXIS 687 (Sup Ct-Tomkins Cty 2/21/12) and Cooperstown Holstein Corporation v Town of Middlefield, No. 2011-0930 (Sup. Ct-Otsego Cty. 2/24/12), the plaintiffs argued that the state Oil, Gas and

Two NY State Courts Uphold Zoning Ordinances Banning Fracking Read More »

Court Allows Discovery To Proceed on Fracking Practices For Reserve Pits

Fracking /

Regulators are increasingly focusing on management of the wastewater and other chemicals used in fracking operations. The recent case of Kartch v EOG, 2011 U.S. Dist. LEXIS 130711 (D.N.D 11/10/11) illustrates the legal issues that property owners and drillers are increasingly having to face when negotiating drilling leases. In this case, the plaintiffs purchased agricultural

Court Allows Discovery To Proceed on Fracking Practices For Reserve Pits Read More »

Claims Against Coalbed Methane Operator Allowed to Proceed

coalbed methane, Fracking /

In a case that may have implications for fracking operations, a federal district court for the western district of Virginia allowed property damage claims to proceed against a coalbed methane operator. In C.J. Ritter Lumber Co., Inc. v  Consolidated Coal Co., 2011 U.S. Dist. LEXIS 95131 (W.D. Va. 8/25/11), the plaintiff entered into coal leases

Claims Against Coalbed Methane Operator Allowed to Proceed Read More »

Why Property Owners Should Consult Lawyers Before Signing Gas Leases

Fracking, Hazardous Waste, Lender Liability, oil spills /

We have been sharing and commenting on articles discussing how lenders are becoming increasingly concerned about borrowers who lease their property to allow hydraulic fracturing (“fracking”). The operations permitted by the leases on what is typically rural or agricultural land include storage of hazardous substances and wastewater that likely would constitute defaults under the mortgages.

Why Property Owners Should Consult Lawyers Before Signing Gas Leases Read More »

Scroll to Top