Hydrofracking
The changing legal landscape and intense public debate relative to hydrofracking have profound implications for many of our clients and countless others whose businesses are impacted by this burgeoning energy sector. This website is continually updated by members of Wilson Elser’s various national practice teams who have vast experience with the legal issues surrounding hydrofracking and, especially, its attendant risks and exposures. We are committed to providing timely, helpful information and insights on the critical issues that our clients are now – or may soon be – confronting.
Latest Insights
-
Colorado High Court Nixes Use of Lone Pine Orders to Streamline Colorado Fracking Litigation
May 6, 2015
A recent ruling by the Colorado Supreme Court represents a setback for the energy industry in its defense of fracking litigation in Colorado. Had they won, the industry could have used the decision to secure early dismissals of fracking suits. Now, as a consequence of this ruling, Colorado fracking defendants are likely to see an increase in defense costs, fewer dismissals and fewer early settlements.
-
In Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm
April 13, 2015
A recent non-precedential Third Circuit opinion upheld a lower court decision that the absence of a confidentiality agreement can prevent a physician from obtaining information about fracking chemicals when no actual harm has been alleged. But it leaves the door open to future challenges by those in the health care industry treating patients who are at actual or imminent risk of harm or have actually been harmed by fracking activities.
-
Federal Government Issues Long-awaited Final Rules Governing Fracking on Federal Land and Indian Land
March 23, 2015
The U.S. Bureau of Land Management has issued “final” rules governing hydraulic fracturing operations on federal lands and land owned by Indian tribes. It should be emphasized that only a small fraction of hydraulic fracturing activity in the United States takes place in these areas. In addition, the fracking rule-making process presented the bureau with a golden opportunity to grant the fracking opponents’ wish of completely banning fracking operations; yet it declined to do so.