Analysis of Litigation Involving Shale and Hydraulic Fracturing: Part 1

摘要

With the government's decision of December 13, 2012 that hydraulic fracturing (tracking) activities can resume after they were suspended in May 2011, subject to new controls to mitigate the risk of seismic activity, much can be learned from a review of recent US lawsuits involving fracking operations. This article summarises and analyses American lawsuits that have been brought by landowners who leased oil and gas rights to their property or landowners who reside in close proximity to where hydraulic fracturing activities have been conducted, alleging property and groundwater contamination from the drilling operations. No judgments have yet been rendered against any well operator, drilling contractor, or service company for contamination of groundwater resulting from the hydraulic fracturing process. Part 2 will continue a review of recent hydraulic fracturing lawsuits involving seismic activity, regulatory enforcement, bans and moratoriums on fracking operations, government regulations, oil and gas lease disputes, and disclosure of fracturing fluids.