For nearly a decade, hydraulic fracturing, or fracking, has played a critical role in the United States’ energy revolution. Fracking remains a highly controversial topic and has produced a wide variety of litigation across the country. Environmental suits, tort claims, and actions concerning the role of fracking in seismic events are just some of the claims that have been prevalent to date.
Throughout 2014, and as we enter 2015, the landscape of fracking litigation has expanded to include lawsuits challenging local ordinances banning fracking operations. These cases have given rise to significant arguments concerning the preemption of local bans by state regulation. Results in these cases to date have varied across producing states.
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