A Fractured World – Responses to the Occurrence of Frac Hits and the Engineering and Litigation Risks They Present

As horizontal drilling expands, so too does the incidence of "frac hits," the unintended interactions between new and existing wells during hydraulic fracturing. This presentation will discuss the origins and growing occurrence of frac hits, the responses of operators and regulatory agencies, and explore case law and litigation strategies addressing this issue. Additionally, it will provide insights into the engineering and legal risks associated with frac hits and share best practices for mitigating these risks in engineering, negotiation, and litigation contexts.

Credit(s)

1

CO Approval ID

849637

Original Program Date

July 18, 2024

Duration

55 minutes

As the prevalence of horizontal drilling continues to rise, so does the occurrence of "frac hits"—communications between new and existing wells that occur during hydraulic fracturing. This presentation will examine the origin and increased occurrence of this problem as drilling technology continues to advance, along with the historical and evolving responses of operators and agencies. It will walk you through the case law and various litigation theories that have been used to address this issue in the past and offer insight into the trends of more recent lawsuits. The speakers will share their respective insights into the engineering and legal risks associated with frac hits and best practices to avoid common pitfalls in the field, at the negotiation table, and in the courtroom.

Video presentation from the 70th Annual Natural Resources and Energy Law Institute.

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 849637

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

LUKE LIBEN is a Partner in the oil and gas team of Reed Smith’s Energy and Natural Resources group. Luke has spent over a decade representing energy industry clients litigating a variety of cases involving all aspects of the development of the Marcellus and Utica shales. Luke handles complex contractual disputes, including cases involving drilling contracts, joint operating agreements, and other industry specific relationships. Luke has significant experience representing exploration and production companies in royalty litigation, both class action and individual cases, and has defended many of the most common lease forms and provisions found throughout Appalachia. Luke also represents midstream companies in storage field cases, land use disputes, encroachment cases, and condemnations, and industry contractors on issues including workplace fatalities. Luke routinely argues motions and represents clients at trial in Pennsylvania, West Virginia, and Ohio, and before the American Arbitration Association.

GINA KANTOS is an Associate at Reed Smith. Her practice focuses on oil and gas litigation. She has extensive experience researching and analyzing complex legal issues, as well as drafting pleadings, discovery, and dispositive motions, preparing for depositions and trial and advocating at hearings. Gina also has civil litigation experience. She has handled toxic tort cases (notably, benzene-related matters) in numerous state and federal courts across the country. She has also represented plaintiffs in Pennsylvania county courts in connection with lease and other contract disputes. Prior to joining private practice, Gina served as a law clerk to Justice David N. Wecht of the Supreme Court of Pennsylvania. While in law school, she interned at the Court of Common Pleas of Allegheny County for Judge John A. Zottola and Judge Thomas E. Flaherty, as well as the U.S. attorney’s office for the Western District of Pennsylvania. Additionally, Gina was a legal research and writing teaching assistant at the Duquesne University School of Law.