“What Goes Down Will Come Up”
June 5, 2017
The U.S. Court of Appeals for the Eighth circuit issued an opinion on May 22nd which illustrates the difficulty for an oil and gas producer to win a subsurface claim without having to go to trial, even when the plaintiff has relatively weak facts to support its claim.
The case involved the disposal of fracking wastes from producing shale oil in the Eastern District of Arkansas. Because the…