lawsuit

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.

Lawsuit Forces Government To Disclose Extent Of Offshore Fracking In Gulf of Mexico

In August of last year, 21.6 million acres of the Gulf of Mexico were auctioned off to the dirty energy industry so that they could expand their offshore fracking activities in an area that was still reeling from the effects of the 2010 Deepwater Horizon oil spill.

As DeSmog’s Steve Horn reported at that time, many of the leases sold by the government in August were located in the Lower Tertiary Basin, an area defined by hard-to-penetrate rock where the crude is located in deep water, making the practice of hydraulic fracturing exceptionally risky and prone to environmental disaster.

Ed Wegman, Yasmin Said, Milt Johns Sue John Mashey For $2 Million

In May 2013, DeSmog published the FOIA Facts  (1, 2, 3, 4) series on the misdeeds of George Mason University (GMU Professor Edward Wegman and his long-time helper Yasmin Said, authors of the long-discredited 2006 Wegman Report (WR).  Behind those blog posts was a much more detailed report, published only today.  In May 2013, I sent that to a few Federal agencies and to Aurali Dade, GMU's AVP for Research Integrity and Assurance. I had thought to be done with the Wegman/Said/GMU saga, but was proved wrong.

Environmental Groups File Lawsuit Objecting to Shortcomings, Loopholes in New Federal Oil Train Safety Standards

The battle over oil train regulation is heating up, as both the oil and gas industry and a coalition of environmental groups have now filed lawsuits challenging new Department of Transportation regulations this week.

The move to the courtroom comes following a string of oil train explosions in the U.S. and Canada so far this year and in a passenger train wreck in Philadelphia on Tuesday night that killed 8.

Environmentalists Are Taking California To Court Over Illegal Oil Industry Wastewater Injection

Environmentalists filed a motion requesting a preliminary injunction today in a California court to immediately stop the daily illegal injection of millions of gallons of oil field wastewater into protected groundwater aquifers in the state.

Last week, Earthjustice filed a lawsuit on behalf of the Sierra Club and the Center for Biological Diversity in Alameda County Superior Court that challenges California regulators’ emergency rules meant to rein in the state’s disastrous Underground Injection Control (UIC) program.

Emails: How State Department Secretly Approved Expanding Piece of Enbridge's "Keystone XL Clone"

State Department Enbridge Emails

DeSmogBlog has obtained dozens of emails that lend an inside view of how the U.S. State Department secretly handed Enbridge a permit to expand the capacity of its U.S.-Canada border-crossing Alberta Clipper pipeline, which carries tar sands diluted bitumen (“dilbit”) from Alberta to midwest markets. 

The State Department submitted the emails into the record in the ongoing case filed against the Department by the Sierra Club and other environmental groups in the U.S. District Court for the District of Minnesota. Collectively, the emails show that upper-level State Department officials hastened the review process on behalf of Enbridge for its proposed Alberta Clipper expansion plan, now rebranded Line 67, and did not inform the public about it until it published its final approval decision in the Federal Register in August 2014.

According to a March 17, 2014 memo initially marked “confidential,” Enbridge's legal counsel at Steptoe & Johnson, David Coburn, began regular communications with the State Department on what the environmental groups have dubbed an “illegal scheme” beginning in at least January 2014. 

Enbridge State Department Emails
Image Credit: U.S. District Court for the District of Minnesota

Environmental groups have coined the approval process an “illegal scheme” because the State Department allowed Enbridge to usurp the conventional presidential permit process for cross-border pipelines, as well as the standard National Environmental Policy Act (NEPA) process, which allows for public comments and public hearings of the sort seen for TransCanada's Keystone XL pipeline.

Further, the scheme is a complex one involving Enbridge's choice to add pressure pump stations on both sides of the border to two pipelines, Enbridge Line 3 and Enbridge Line 67, to avoid fitting under the legal umbrella of a “cross-border” pipeline.

Hastening the approval process — and thus dodging both the conventional presidential permit and NEPA process — came up in a June 6, 2014 memo written by Coburn and his Steptoe co-counsel Josh Runyan. Enbridge's legal argument centered around ensuring profits for its customers “consistent with its obligations as a common carrier.”

State Department Enbridge Emails
Image Credit: U.S. District Court for the District of Minnesota

Coal Funded Congressman Takes Lead In Dismantling Coal Ash Safety Standards

In December 2014, the U.S. Environmental Protection Agency released long-awaited coal ash safety standards designed to increase the reliability of coal ash disposal sites. These standards had been years in the making, but stopped short of classifying coal ash as a hazardous waste material, which many advocates had been hoping for.

The new standards enacted by the EPA require stricter structural integrity standards for new coal ash disposal sites, and mandate that the ash ponds not be located near sensitive environmental areas such as wetlands or near fault lines. They also ramped up the inspection and compliance standards for existing disposal sites. The new standards also require coal companies to publicly disclose disposal operations.

While all of these new requirements are fairly common sense steps, coal industry-funded politicians in Washington are not happy, and one month after announcing the new standards, they began launching their attack to undo them.

Leading the charge is Republican Representative David McKinley from West Virginia. McKinley sponsored legislation earlier this year that would strip the public disclosure portion of the rules and allow states to take over the permitting process for coal ash disposal site construction, effectively pushing the EPA out of the way.

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