TUCKER v. SOUTHWESTERN ENERGY CO.

Nos. 1:11-cv-44-DPM, 1:11-cv-45-DPM

JAMES TUCKER and MINDY TUCKER, Plaintiffs, v. SOUTHWESTERN ENERGY CO.; CHESAPEAKE ENERGY CORP.; and BHP BILLITON PETROLEUM (FAYETTEVILLE) LLC, Defendants. PEGGY BERRY, Plaintiffs, v. SOUTHWESTERN ENERGY CO CHESAPEAKE ENERGY CORP.; and BHP BILLITON PETROLEUM (FAYETTEVILLE) LLC, Defendants.

United States District Court, E.D. Arkansas, Northern Division.

February 17, 2012.


Attorney(s) appearing for the Case

James Tucker, Plaintiff represented by John R. Holton , Deal Cooper Holton PLLC.

James Tucker, Plaintiff represented by Michael P. McGartland , McGartland & Borchardt, LLP.

James Tucker, Plaintiff represented by Paul Berry Cooper, III , Deal Cooper Holton PLLC.

James Tucker, Plaintiff represented by Timothy R. Holton , Deal Cooper Holton PLLC.

Mindy Tucker, Plaintiff represented by John R. Holton , Deal Cooper Holton PLLC.

Mindy Tucker, Plaintiff represented by Michael P. McGartland , McGartland & Borchardt, LLP.

Mindy Tucker, Plaintiff represented by Paul Berry Cooper, III , Deal Cooper Holton PLLC.

Mindy Tucker, Plaintiff represented by Timothy R. Holton , Deal Cooper Holton PLLC.

Phillip Berry, Consol Plaintiff represented by John R. Holton , Deal Cooper Holton PLLC.

Phillip Berry, Consol Plaintiff represented by Michael P. McGartland , McGartland & Borchardt, LLP.

Phillip Berry, Consol Plaintiff represented by Paul Berry Cooper, III , Deal Cooper Holton PLLC.

Phillip Berry, Consol Plaintiff represented by Timothy R. Holton , Deal Cooper Holton PLLC.

Peggy Berry, Consol Plaintiff represented by John R. Holton , Deal Cooper Holton PLLC.

Peggy Berry, Consol Plaintiff represented by Michael P. McGartland , McGartland & Borchardt, LLP.

Peggy Berry, Consol Plaintiff represented by Paul Berry Cooper, III , Deal Cooper Holton PLLC.

Peggy Berry, Consol Plaintiff represented by Timothy R. Holton , Deal Cooper Holton PLLC.

Southwestern Energy Company, Defendant represented by G. Alan Perkins , Perkins & Trotter, PLLC.

Southwestern Energy Company, Defendant represented by Craig L. Stahl , Andrews Kurth LLP — The Woodlands.

Southwestern Energy Company, Defendant represented by James D. Rankin, III , Perkins & Trotter, PLLC.

Southwestern Energy Company, Defendant represented by Michael D. Morfey , Andrews Kurth LLP — Houston.

Southwestern Energy Company, Defendant represented by Paul M. Bohannon , Andrews Kurth LLP — The Woodlands.

Southwestern Energy Company, Defendant represented by R. Scott Morgan , Perkins & Trotter, PLLC.

Chesapeake Energy Corporation, Defendant represented by Jeffrey L. Spillyards , Mitchell, Williams, Selig, Gates & Woodyard, PLLC — LR.

Chesapeake Energy Corporation, Defendant represented by Lyn Peeples Pruitt , Mitchell, Williams, Selig, Gates & Woodyard, PLLC — LR.

Chesapeake Energy Corporation, Defendant represented by Anton Leo Janik, Jr. , Mitchell Williams Law Firm — LR.

Chesapeake Energy Corporation, Defendant represented by Michelle P. Cullen , Chesapeake Energy Corporation.

BHP Billiton Petroleum (Fayetteville) LLC, Defendant represented by David D. Wilson , Friday, Eldredge & Clark, LLP — Little Rock.


ORDER

D.P. MARSHALL, Jr., District Judge.

1. Drilling by hydraulic fracturing—fracking—has recently come to Arkansas in a big way. Development of the natural gas deposits in the Fayetteville Shale is proceeding apace. Fracking is not a new process. E.g., O'Brien v. Primm, 243 Ark. 186, 188-89, 419 S.W.2d 323, 324-25 (1967) (describing "sand fracting" in 1964 in...

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