Mealey's Toxic Tort/Environmental - Halliburton, Residents Seek Settlement Conference In Radioactive Waste Case

OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI) and a group of residents who sued the company alleging injury from exposure to radioactive waste on Dec. 9 filed a joint motion in Oklahoma federal court seeking a settlement conference (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Resident, Fracking Company Dispute Validity Of Lease For Oil And Gas Exploration

COLUMBUS, Ohio - An energy company that is being sued by a landowner who is seeking a ruling that the lease she entered with the company to allow hydraulic fracturing on her land has terminated on Dec. 9 removed the case to Ohio federal court and filed its answer, contending that the complaint fails to state a claim upon which relief may be granted (Nikki Filicky v. American Energy - Utica LLC, No. 14-02550, S.D. Ohio).

Mealey's Litigation Procedure - Tribunal Awards Oil And Gas Fund $5 Million In Loan Agreement Dispute

TORONTO - A Canadian energy corporation on Dec. 2 announced that an international arbitration tribunal has issued an award against it in a dispute with an oil and gas fund.

Mealey's Toxic Tort/Environmental - Pennsylvania Groups Appeal Fracking Permit Approval

HARRISBURG, Pa. - An environmental watchdog and a group of residents on Dec. 1 renewed their appeal of a decision by the Pennsylvania Department of the Environment (DEP) that granted a hydraulic fracturing permit to an energy company, arguing that the DEP failed to adhere to standards and comply with the requirements of the Pennsylvania Constitution (The Delaware Riverkeeper Network, et al. v. Commonwealth of Pennsylvania, et al. [in re: XTO Energy Inc.], No. 2014-101, Pa. EHB).

Mealey's Toxic Tort/Environmental - Texas Judge Sets Dates For Discovery, Trial In Fracking Contract Dispute

HOUSTON - The federal judge in Texas presiding over a contract dispute between a hydraulic fracturing company and another company that provided technology services for the operation of the fracking business on Dec. 1 issued an order setting the deadline for discovery, mediation and eventual trial, if necessary (Southwestern Energy Production Co. v. Crawford Technical Services LLC, No. H-14-1742, S.D. Texas).

Mealey's Toxic Tort/Environmental - Gas Exploration Company Sues Fracking Operator For Share Of Oil And Gas Assets

HOUSTON - An oil and gas exploration company on Nov. 25 filed a complaint in the U.S. District Court for the Southern District of Texas against a hydraulic fracturing company, contending that it has breached its contract by not offering the exploration company an opportunity to purchase a proportionate share of oil and gas assets the exploration company says it is due under a contract with a previous company (Energy & Exploration Partners LLC v. New Gulf Resources LLC, No. 14-03375, S.D. Texas).

Mealey's Litigation Procedure - Judge Extends Discovery Deadline In Fracking Well Contamination Lawsuit

SCRANTON, Pa. - A Pennsylvania federal judge on Nov. 18 granted a second extension of discovery in a hydraulic fracturing lawsuit brought by a group of residents who contend that residential water wells were contaminated by hydraulic fracturing chemicals. The order constituted one paragraph and provided no explanation for the judge's decision (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.).

Mealey's Toxic Tort/Environmental - Judge Extends Discovery Deadline In Fracking Well Contamination Lawsuit

SCRANTON, Pa. - A Pennsylvania federal judge on Nov. 18 granted a second extension of discovery in a hydraulic fracturing lawsuit brought by a group of residents who contend that residential water wells were contaminated by hydraulic fracturing chemicals. The order constituted one paragraph and provided no explanation for the judge's decision (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.).

Mealey's Litigation Procedure - Ukrainian Company Seeks Confirmation Of $39M UNCITRAL Award

WASHINGTON, D.C. - A Ukrainian company on Nov. 14 filed a petition to confirm a $39,172,714 international arbitration award in a District of Columbia federal court that was issued in its favor and against the Republic of Moldova in dispute over breaches of the Energy Charter Treaty (ECT) (LLC Energoalliance v. Republic of Moldova, No. 14-1921, D. D.C.).

Mealey's Toxic Tort/Environmental - Woman Who Claims Exposure To Chemicals From Fracking Appeals To Canada High Court

OTTAWA - A Canadian woman on Nov. 13 filed an application for leave to appeal to the Canadian Supreme Court a ruling by the Alberta Court of Appeals, which dismissed her lawsuit against a hydraulic fracturing company and the Canadian Energy Resources Conservation Board (CERCB) for alleged exposure to hazardous amounts of methane, ethane and other chemicals (Jessica Ernst v. The Energy Resources Conservation Board, et al., No. 14-36167, Canada Sup.).

Mealey's Litigation Procedure - Judge: Discovery Order Not Amended In Radioactive Waste Case Against Halliburton

OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought against Halliburton Energy Services Inc. (HESI) by a group of residents who allege injury from exposure to radioactive waste on Nov. 10 ruled that a discovery order should not be amended to provide for random selection of discovery plaintiffs (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-012723, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Judge: Discovery Order Not Amended In Radioactive Waste Case Against Halliburton

OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought against Halliburton Energy Services Inc. (HESI) by a group of residents who allege injury from exposure to radioactive waste on Nov. 10 ruled that a discovery order should not be amended to provide for random selection of discovery plaintiffs (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-012723, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Energy Company Seeks Federal Review Of Pipeline Projects Valued At $5 Billion

RICHMOND, Va. - Energy company Dominion Resources Inc. on Nov. 4 submitted a request to the Federal Energy Regulatory Commission (FERC) asking it to begin its environmental review of a proposed $500 million pipeline that would transport natural gas to Virginia and North Carolina.

Mealey's Toxic Tort/Environmental - New York High Court Denies Rehearing Of Fracking Ban Lawsuit

ALBANY, N.Y. - The New York Court of Appeals on Oct. 16 refused to rehear a hydraulic fracturing ban lawsuit in which the court split when it issued its opinion concluding that local municipalities may pass bans on the oil and gas extraction procedure because the supersession clause in the statewide Oil, Gas Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use (Norse Energy Corp. USA v. Town of Dryden, et al., No. APL-2013-00245, N.Y. App.).

Mealey's Litigation Procedure - NAFTA Hearing Between Energy Firm And Canada To Commence This Month

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 15 announced that a hearing in a dispute filed by an energy company that alleges that Canada violated the North American Free Trade Agreement (NAFTA) will soon commence (Mesa Power Group v. Government of Canada, No. 2012-17, PCA).

Mealey's Litigation Procedure - Ontario Court Grants Injunction; Stans Seeks To Enforce Russian Award

TORONTO - A Canadian energy company on Oct. 14 announced in news release that a Canadian court has issued an injunction in its favor and against the Kyrgyz Republic barring it from selling shares of a gold-mining company and said that it will seek an extension of the injunction pending an enforcement hearing in relation to an $118 million arbitration award in its favor.

Mealey's Litigation Procedure - Kyrgyz Republic Seeks To Vacate $188 Million Russian Arbitration Award

TORONTO - Stans Energy Corp. on Oct. 6 announced that the Kyrgyz Republic has filed a motion in a Russian court seeking to vacate a $118 million arbitration award recently issued against it.

Mealey's Toxic Tort/Environmental - Judge Dismisses Nebraska's Suit Over Proposed Greenhouse Gas Standards

LINCOLN, Neb. - A federal judge in Nebraska on Oct. 6 dismissed a lawsuit filed by the state challenging a proposed standard by the U.S. Environmental Protection Agency that would limit greenhouse gas emissions from newly built fossil-fuel-fired energy-generating stations, ruling that the lawsuit runs contrary to administrative law (State of Nebraska v. U.S. Environmental Protection Agency, et al., No. 14-CV-3006, D. Neb.; 2014 U.S. Dist. LEXIS 141898).

Mealey's Toxic Tort/Environmental - 8th Circuit: Fracking Verdict For Vibration Damages Stands; Jury Not 'Tainted'

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on Oct. 3 affirmed a district court's decision denying a hydraulic fracturing company a new trial, finding that the verdict was not tainted by juror misconduct with regard to its discussion about the relationship of fracking and earthquakes (Ruby Hiser v. XTO Energy, No. 13-3443, 8th Cir.).

Mealey's Litigation Procedure - Federal Judge Grants Injunction Barring Case In Libya, Compels Arbitration

JACKSONVILLE, Fla. - After finding that a dispute related to the operation of a thermal power plant in Libya should be arbitrated pursuant to an underlying contract, a Florida federal judge on Sept. 29 granted an energy firm's motion to compel arbitration and for an anti-suit injunction barring litigation in Libya (APR Energy LLC v. First Investment Group Corp., et al., No. 3:14-cv-575, M.D. Fla.; 2014 U.S. Dist. LEXIS 137425).

Mealey's Litigation Procedure - Canadian Energy Firm Seeks $150 Million In Arbitration With Kenya

VANCOUVER, British Columbia - A Canadian energy company on Oct. 1 announced that it has commenced arbitration against the government of Kenya to resolve a dispute over production sharing contracts.

Mealey's Litigation Procedure - ICSID Refuses Argentina's Application To Annul $43 Million Award

WASHINGTON, D.C. - After finding no violation of due process or the right of defense in relation to a $43.03 million award issued in favor of an energy firm, a committee of the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 23 released a decision denying a request filed by the Argentine Republic to annul the award (El Paso Energy International Co. v. The Argentine Republic, No. ARB/03/15, ICSID).

Mealey's Securities/D&O Liability - Judge: Fracking Company Shareholder Lawsuit Valid; Illegal Activity Suggested

OKLAHOMA CITY - A federal judge in Oklahoma on Sept. 22 denied a motion to dismiss a shareholder derivative lawsuit brought by plaintiffs who own shares in a hydraulic fracturing company, concluding that they alleged facts that when taken as a whole suggest illegal conduct by individuals who allegedly diverted fracking opportunities to a rival company (In Re: Sandridge Energy Inc. Shareholder Derivative Litigation, No. 13-102, W.D. Okla.; 2014 U.S. Dist. LEXIS 132330).

Mealey's Toxic Tort/Environmental - Judge: Fracking Company Shareholder Lawsuit Valid; Illegal Activity Suggested

OKLAHOMA CITY - A federal judge in Oklahoma on Sept. 22 denied a motion to dismiss a shareholder derivative lawsuit brought by plaintiffs who own shares in a hydraulic fracturing company, concluding that they alleged facts that when taken as a whole suggest illegal conduct by individuals who allegedly diverted fracking opportunities to a rival company (In Re: Sandridge Energy Inc. Shareholder Derivative Litigation, No. 13-102, W.D. Okla.; 2014 U.S. Dist. LEXIS 132330).

Mealey's Toxic Tort/Environmental - Judge: Oil Rights Holders Failed To Honor Refusal Provision In Contract

PITTSBURGH - A federal judge in Pennsylvania on Sept. 17 ruled that a group that held royalties on oil and gas deposits had not honored the right-of-first-refusal provision in a contract with an energy company when they negotiated a separate contract with another hydraulic fracturing company (U.S. Energy Development Corporation v. L.E. Mallory, et al., No. 12-235, W.D. Pa.).