Rule 76A: Could Texas Courts Solve the Secrecy-Science Dilemma in Fracking Disputes?

Journal of Energy Law and Resources Currents, September 2014

5 Pages Posted: 14 Nov 2014

Date Written: September 06, 2014

Abstract

Settlement confidentiality shrouds U.S. fracking lawsuits from scrutiny and ultimately makes it difficult for later litigants to establish their own claims. This brief article focuses on Texas Rule of Civil Procedure 76A, which regulates court-sanctioned secrecy, and proposes Texas as a litigation battleground for settlement transparency in fracking lawsuits.

Keywords: settlement, confidentiality, Texas, secrecy, confidentiality clause, settle, fracking, frack, hydraulic fracturing, environmental law, environment, EPA, Environmental Protection Agency, Rule 76A policy, transparency, openness, litigation, tort, bargain, natural resources, gas, natural gas

JEL Classification: K12, K13, K32, Q30, Q38, Q48

Suggested Citation

Alagood, R. Kyle, Rule 76A: Could Texas Courts Solve the Secrecy-Science Dilemma in Fracking Disputes? (September 06, 2014). Journal of Energy Law and Resources Currents, September 2014. Available at SSRN: https://ssrn.com/abstract=2523196

R. Kyle Alagood (Contact Author)

Gannon University ( email )

109 University Square
Erie, PA 16541
United States

HOME PAGE: http://www.gannon.edu/FacultyProfiles.aspx?profile=alagood001

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