EPA proposes draft rules related to air emissions from hydrofacturing operations

EPA has released rule changes that will require oil and gas drillers that use hydraulic fracturing to use new or improved processes and equipment in an attempt to reduce the level of volatile organic compounds (VOC's) and other air pollutants emitted during the completion of new and modified hydraulically...

Do Homeowners Policies Protect Against Liability from Fracking Operations? Probably Not

My partner Dean Pappas and I recently had an article published by Best's Review (February 2012) that looks at the potential risks that arise from hydrofracking operations, and the extent to which a typical homeowner's insurance policy covers the damages and harms that may arise. For those of...

Potential Risks of Fracking and the Extent That Homeowners Policies Protect Against Damages

My partner Dean Pappas and I recently had an article published by Best's Review (February 2012) that looks at the potential risks that arise from hydrofracking operations, and the extent to which a typical homeowner's insurance policy covers the damages and harms that may arise. For those of...

Don't Expect Your Homeowner's Insurance To Cover Pollution When You Lease Your Back Yard to Shale Gas Fracking Drillers

Ropers Majeski Kohn & Bentley partners Thomas Clarke and Dean Pappas have published an informative article by Best's Review (February 2012) that looks at the potential risks that arise from hydrofracking operations, and the extent to which a typical homeowner's insurance policy covers the...

New Report Links Fracking to Potential Health Issues

By Steven M. Siros, Partner, Jenner & Block A recent study by the Colorado School of Public Health has linked hydraulic fracturing to elevated levels of petroleum hydrocarbons in the air near drilling sites. The study, to be published in Science of the Total Environment , identified cancer and...

William A. Ruskin: Hydraulic Fracturing Risks and Opportunities

On April 18, 2012, Winston & Strawn and the Environmental Law Institute co-hosted an informative seminar on, "Hydraulic Fracturing Risks and Opportunities: Regulator, NGO, Industry and Investor Perspectives," in New York City. The meeting was expertly chaired by May Wall , a partner in...

William A. Ruskin: Lone Pine Order Ends 'No Causation' Hydrofracking Case

By William A. Ruskin A Lone Pine Order is an innovative judicial case management tool that requires toxic tort plaintiffs to produce credible expert evidence to support their theory of causation (or another key component of plaintiffs' claim) prior to the commencement of pre-trial discovery...

Colorado Hydraulic Fracturing Toxic Tort Case Dismissed By Lone Pine Order, by William A. Ruskin

By William A. Ruskin A Lone Pine Order is an innovative judicial case management tool that requires toxic tort plaintiffs to produce credible expert evidence to support their theory of causation (or another key component of plaintiffs' claim) prior to the commencement of pre-trial discovery....

William A. Ruskin: Hydrofracking and The Battle Over Water in South Texas

By William A. Ruskin In an article titled, " Introduction to Hydraulic Fracturing Natural Gas Exploration ," Rebecca Jo Reser , an IADC member and partner at the San Antonio, Texas law firm of Davidson Troilo Ream & Garza, discusses the potential burden that hydraulic fracturing imposes...

William A. Ruskin: Hydrofracking And The Debate Over Municipal Infrastructure

By William A. Ruskin On February 11, 2013, the IADC conducted a lively, interactive panel discussing the risks and benefits of shale oil and gas extraction at the IADC Mid-Winter Meeting . The panel represented the spectrum of political, regulatory and scientific views on the issue and debated perceived...

William A. Ruskin: Among Environmentalists, Hydrofracking is Not a 'Yes or No' Issue

By William A. Ruskin On April 10, 2013, I participated in " Justice Speaks ," an event sponsored by the Justice Action Center at New York Law School on hydraulic fracturing. Joining me on the podium was Daniel Raichel , a Project Attorney with the Natural Resources Defense Council ("...

Babst Calland: New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities

By Michael C. Murphy Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders. Specifically, the Court ruled that there was nothing within the plain language, statutory scheme...