Causation: The Hole In Fracking Contamination Suits

Law360, New York (May 31, 2012, 1:28 PM EDT) -- Hydraulic fracturing (fracking) has been subject to a considerable amount of media coverage in 2011 and 2012. Most of the fracking-related litigation to date has alleged water and environmental contamination/pollution under a variety of legal theories.

A Colorado state judge has recently signaled that plaintiffs in these types of suits may face significant problems in proving the requisite element to the vast majority of the common law claims asserted.

In Strudley v. Antero Resources Corp. et al., No. 2011-CV-2218 (2d Jud. Dist. Ct. May 9, 2012),...
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