Frackquake

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On May 4, 2016, a coalition of environmental organizations (“Plaintiffs”) filed suit against the U.S. Environmental Protection (“EPA”) in U.S. District Court for the District of Columbia to compel the EPA to promulgate revised regulations and guidelines for the disposal, storage, transportation, and handling of oil and gas wastes.  Environmental Integrity Project et al. v. Gina McCarthy (Case No. 1:16-cv-00842).  In the Complaint, Plaintiffs state that the Resource Conservation and Recovery Act (“RCRA”) requires the EPA to review and revise regulations for drilling wastes every three years.  42 U.S.C. § 6912(b).  According to Plaintiffs, the EPA last conducted a review of the regulations in 1988, but has since failed to update the regulations.  Further, the EPA has not updated the guidelines for state solid waste management plans as required under RCRA.

The environmental organizations are the Environmental Integrity Project, Natural Resources Defense Council, Earthworks, Responsible Drilling Alliance, San Juan Citizens Alliance, West Virginia Surface Owners’ Rights Organization, and the Center for Health, Environment and Justice.
Continue Reading Environmentalists Sue EPA to Force Update of Drilling Waste Regulations

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 lawsuits probably come as no surprise to the industry after the Sierra Club recently threatened to sue four oil companies for contributing to increased earthquakes in Oklahoma and southern Kansas.

A pair of Oklahoma residents, in a class-action lawsuit, have accused four energy companies of causing “a dramatic increase” in earthquakes throughout the state during the last five years. The lawsuit names Sandridge Exploration and Production, Chesapeake Operating, Devon Energy Production Company, and New Dominion as the defendants.

The plaintiffs claim that hydraulic fracturing and underground disposal of produced water are causing earthquakes across the state by increasing the pore pressure within faults making the fault more prone to slip.

The lawsuit alleges that the companies are liable to the plaintiffs and the class for nuisance, trespass, negligence, and engaging in an ultra-hazardous activity. The plaintiffs are seeking not only compensatory damages, but also punitive damages and attorneys’ fees.
Continue Reading Two Frackquake Lawsuits Filed in Oklahoma

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Here Stoel Rives shares insight and analysis about key mineral law developments. Drawing on a very active natural resources practice, we aim to keep readers informed about the legal aspects of news that impacts exploration and development of all things mineral.