In the state of Arkansas, several recently filed court cases
have asserted claims arising from the practice of hydraulic
fracturing. Specifically, five different cases were filed in late
May 2011, based on several different legal theories, but all
seeking to penalize or enjoin the practice of hydraulic fracturing
throughout Arkansas. Additionally, the plaintiffs in each of these
cases are seeking to have their case certified for class action
status.
The first two of these cases, James Tucker and Mindy Tucker
v. Southwestern Energy Company, XTO Energy, Chesapeake Energy
Corporation, and BHP Billiton (Fayetteville), LLC, (USDC ED
Arkansas Case No. 1:11-cv-00044) and Phillip Berry and Peggy
Berry v. Southwestern Energy Company, XTO Energy,
Chesapeake Energy Corporation, and BHP Billiton (Fayetteville),
LLC (USDC ED Arkansas Case No. 1:11-cv-00045), filed May 17
and 18, 2011, are virtually identical causes of action, each
contending that independent testing of the
