lawsuit

TransCanada Hoping Bad Trade Deal Will Make Keystone XL A Reality

TransCanada is suing the U.S. government for blocking the construction of the Keystone XL pipeline.  The company argued in their federal court filings that President Obama had overstepped his Constitutional powers in putting the brakes on the project.

The company is seeking $15 billion in damages from the federal government in a lawsuit brought under the North American Free Trade Agreement (NAFTA).

This move by TransCanada was entirely predictable, as I wrote back in May 2013:

"Bait and Switch": Pennsylvania Sues Driller and Pipeline Company Over Deceptive Deals

Pennsylvania's beleaguered top prosecutor has filed a civil action against two of the nation's largest oil and gas companies, Chesapeake Energy and pipeline company Williams Partners LP, alleging that the companies defrauded over 4,000 property owners out of the royalties owed for shale oil and gas produced from their land.

“This alleged conduct amounts to a 'bait-and-switch,'” Attorney General Kathleen Kane said in a statement. “Pennsylvania landowners were deceived in thousands of transactions by a company accused of similar conduct in several other states,” she added, referring to Chesapeake Energy, which has faced class actions in Texas, Louisiana and Ohio over its royalty payments.

Western State Regulators Struggling to Keep up with Radioactive Fracking and Drilling Waste: New Report

The question of how to handle the toxic waste from fracking and other oil and gas activities is one of the most intractable issues confronting environmental regulators. Not only because of the sheer volume of waste generated nationwide, but also because some of the radioactive materials involved have a half-life of over 1,500 years, making the consequences of decision-making today especially long-lasting.

Every year, the oil and gas industry generates roughly 21 billion barrels of wastewater and millions of tons of solid waste, much of it carrying a mix of naturally occurring radioactive materials, and some of it bearing so much radioactive material that it is not safe to drink or even, on far more rare occasions, to simply have it near you.

Council Votes to Kill Coastal Erosion Lawsuits Against Oil and Gas Industry in Louisiana’s Plaquemine Parish

South Louisiana’s Plaquemines Parish Council voted 5 to1 on November 12 to kill the lawsuits it had previously filed for damages done by oil and gas companies to the coast resulting in land loss. The 21 suits cited 68 companies that did not adhere to work permits, or didn’t have them in the first place. 

The crowd that filled the council meeting cheered when the council voted to withdraw from the lawsuits, though pulling out of the litigation could cost the parish millions, potentially billions of dollars the parish stands to win.

Canada’s Highest Court Gives Ecuadorians Green Light To Pursue Chevron Assets

Chevron lost a high-profile pollution case in Ecuador in 2011 and was ordered to pay $9.5 billion for cleanup of billions of gallons of toxic waste in the Amazon rainforest. So far, the company hasn’t paid a dime — but a recent ruling in Canada might finally force Chevron to pay up.

Exclusive: Battle Over Flaming Water and Fracking Reignites As Analysis Prompts Call for Renewed EPA Investigation

At the heart of the international controversy over fracking has been the contention that the oil and gas drilling technique can contaminate people's drinking water, sometimes even causing it to light on fire. One poster child for this claim has been Steven Lipsky, a Texas homeowner who has appeared in a viral video with a garden hose spewing flames and says his water was fouled by fracking.

For years, Mr. Lipsky has fought legal battles — most often with federal EPA investigators finding his claims of contamination credible, while Texas regulators and the drilling company, Range Resources, taking the opposite view.

An analysis released this week, describing research by scientists at the University of Texas at Arlington, may open this case once again. It offers new evidence that the tests taken at Mr. Lipsky's well water by Range Resources and Texas regulators, who reported little or no contamination, were flawed and potentially inaccurate.

Texas Family's Water Well Explodes, Burns 4-Year Old, Father and Grandfather -- and Fracking to Blame, Lawsuit Alleges

A family in Texas, including a four-year old, her parents and her grandfather, were severely burned when their water well ignited into a massive fireball after methane from nearby fracked wells contaminated their water supply, a newly filed lawsuit against EOG Resources and several related companies alleges.

Cody Murray, a 38-year old who previously worked in the oil and gas industry, suffered burns to his face, arms, neck and back that were so severe that he was left permanently disabled, no longer able to drive because the nerve damage has left him unable to grip steering wheels or other objects. Cody's young daughter, who was over 20 feet away from the pump house when it ignited, suffered first and second degree burns, as did Jim Murray, Cody's father.

California Father Sues State Over New Fracking Rules That Discriminate Against Latino Children

A California family is suing the state for failing to protect their children from fracking.

At issue are the state’s new fracking regulations, which went into effect on July 1. Rodrigo Romo, the named plaintiff in the suit, says the rules discriminate against Latino children, like his daughters, because they are far more likely to go to school or live near a fracked well.

“Everyday my daughters go to school, they fear for their health and safety because of how close the fracking wells are to their schools,” Romo said in a statement.

EPA Called On To Stop States From Permitting Polluting Facilities Through Discriminatory Processes

The US Environmental Protection Agency was recently called on to respond to a decade’s worth of complaints regarding discriminatory practices on the part of states issuing permits to polluting facilities sited in marginalized communities already overburdened by environmental degradation.

A lawsuit filed in a US District Court for the Northern District of California seeks to compel the agency to fulfill its duty to enforce Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color, and national origin in programs and activities that receive financial assistance from the federal government.

Court Says Residents Can Sue Frackers For Earthquake Damage

The Oklahoma State Supreme Court delivered a devastating blow to the fossil fuel industry last week when it unanimously decided that homeowners in Oklahoma could sue the industry for earthquake damage linked to hydraulic fracturing.

While the justices on the Court did not necessarily endorse the link between fracking and earthquakes — or frackquakes — they did acknowledge the fact that increased fracking activities have correlated with an increase in earthquakes, and that existing tort laws would allow plaintiffs to sue the industry if damage can be proven.

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