Hydraulic fracturing, widely known as “fracking,” has no doubt revolutionized the development of oil and gas in the United States. Yet, at the same time, the practice has generated immense controversy centered around the environment, garnering attention from the media and, more recently, even the film industry. Against this contentious backdrop, it comes as no surprise that the oil and gas industry faces increased litigation (coupled with already burgeoning regulations) as fracking operations expand throughout the country and adverse public perception heightens.

Ongoing speculation is that fracking litigation, especially related to environmental contamination, may evolve into the next body of mass tort claims, flooding court dockets and exacting enormous litigation costs on oil and gas companies. Recent empirical studies and case law, however, cast considerable doubt that these concerns will be realized in the end.

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