Trends emerge on hydraulic fracturing litigation

Barclay Nicholson, Kadian Blanson Fulbright & Jaworski LLP Houston A review of lawsuits involving fracturing and general themes and theories of current cases can reveal trends that are emerging from this body of litigation, and one can make some predictions about what is on the horizon. These are important times for anyone in the natural gas industry because hydraulic fracturing will be required to access most of the sizable US recoverable gas reserves, estimated at about 1,176 tcf.1 Fracturing Despite its history and effectiveness, fracturing has recently come under increasing scrutiny. Specifically, while the fluids used in fracturing consist predominantly of water, many allege that...

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