The Hydraulic Fracking Blog

Understanding the legal challenges and implications surrounding hydraulic fracking

On June 25, 2015, Norton Rose Fulbright released the second edition of the Shale Gas Handbook. Almost two years ago, Norton Rose Fulbright lawyers, realizing that the unconventional oil and gas phenomenon was having various results all around the world, came together to create the inaugural edition of the Shale Gas Handbook. The Shale Gas Handbook is a one of a kind, one-resource book that members of the oil and gas industry can turn to…
The end of Colorado’s legislative session this past Friday marked the beginning of a new era of energy regulation posing serious ramifications to the State’s fracking industry. On April 16, 2019, Colorado Governor Jared Polis signed Senate Bill 19-181, officially revamping the Colorado Oil and Gas Conservation Commission. Prior to the Act, the Commission’s purpose was to foster the development of Colorado’s natural resources. Now, the Commission has a new mission: to regulate the oil and gas…
On April 25, 2019, the Bureau of Land Management (BLM) released a new draft report supplementing its previous reports proposing new oil and gas development near Bakersfield, California. If finalized, the agency’s plan will entail drilling more than 100-400 wells per year on 400,000 acres of public land and 1.2 million acres of federal mineral estate.…
Over the past few months, new developments have taken place in the historic Pennsylvania Supreme Court case involving landowners’ trespass and conversion claims against an energy company based on hydraulic fracking activities. Back in November 2018, the Supreme Court of Pennsylvania agreed to hear the case to consider whether the rule of capture applies to hydraulic fracking. Since November, both parties, as well as numerous amici curiae, have filed briefs.…
On November 20, 2018, the Supreme Court of Pennsylvania issued a one-page order agreeing to consider whether the rule of capture applies to hydraulic fracturing. The Supreme Court of Pennsylvania’s review comes after the Pennsylvania Superior Court overturned decades of precedent and decided the rule of capture did not apply to fracking wells. The Pennsylvania Supreme Court will consider a single question on appeal: “[d]oes the rule of capture apply to oil and gas produced…
A new study published in October purports to link seismic activity in Oklahoma to wastewater injection wells. Besides rates and pressures, Bridget Scanlon, hydrogeologist and lead author of the study, suggested injection depth may influence seismicity potentials. However, Scanlon limited her study to deep wastewater injection wells in Oklahoma. The study examined the correlation between seismicity and wastewater injection wells in Oklahoma’s Arbuckle Formation—located adjacent to the basement. Additionally, the study noted seismic activity appeared…
On November 6, Proposition 112 failed 58 percent to 42 percent. The measure needed 50 percent to pass. After a contentious and expensive campaign, voters derailed the measure that posed drastic implications on future oil and gas development in the state. Proposition 112 would have expanded existing setback requirements from 500 feet to 2,500 feet from homes, schools, hospitals, and “vulnerable areas.” If Proposition 112 passed, Colorado would have approved the country’s largest mandatory buffer…
Below is a survey of fracking ballot measures across the country. Colorado is the only state that has fracking measures on the upcoming November ballot. But, Florida has an offshore drilling prohibition that encompasses offshore fracking, and San Luis Obispo County, California also has a fracking ban on their ballot. Michigan and Columbus, Ohio were unsuccessful in their efforts to include fracking bans on their ballot.…
The High Court has refused to grant an interim injunction preventing Cuadrilla from carrying out hydraulic fracking operations at the Preston New Road site in Lancashire. The ruling means that Cuadrilla can resume fracking in the UK for the first time since 2011. Mr Justice Supperstone also refused permission for judicial review of Lancashire County Council’s decision over the adequacy of the risk assessment and emergency planning procedures.…