Reporting on shale gas and hydrofracturing, the public radio program Marketplace Morning Report today captures the classic American phenomenon at work: Innovation creates opportunity, investment and wealth, and trial lawyers follow with bogus, hyped, shake-down lawsuits.
From “Fracking employs plenty of lawyers“:
Sarah Gardner: The U.S. is awash in natural gas. But the latest drilling technology that’s made the glut possible isn’t winning any popularity awards. “Fracking” involves a high pressure cocktail of water, chemicals and sand injected into shale rock — deep underground. Gas companies are drilling wells from Pennsylvania to Wyoming, and it doesn’t always go smoothly.
Richard Lippes: There have been explosions of homes, there’s a lot of people who can now actually light their water.
Not winning any popularity awards? Too bad this worthy report starts with such a clunker. Every job that hydofracturing creates wins a popularity award with the worker. Every stream of income from a producing well wins a popularity award with the property owner. Every hundred million dollars of tax revenue wins a popularity award with the taxpayers and citizens of a state.
As for the assertion from Lippes, the trial lawyer, that there are many who can now actually light their water? It’s false, a claim that’s supposed to inflame NIMBY sentiment against natural gas development and scare up clients. One scene of a fellow lighting water in his kitchen sink appeared in the agitprop film, “Gasland,” but the claims about fiery faucets have since been refuted and the entire movie debunked.
The Marketplace report also covers that activities of New York lawsuit engine Marc Bern, who specializes in environmental claims. Next up? The class-action lawsuit. Bern declares: “Wherever there is shale and there is natural gas trapped underneath, there will be litigation.” Isn’t that the sad truth. Just as where there is any creation of wealth in the U.S. economy, there will be trial lawyers. The more wealth, the more lawyers, which makes shale natural gas such a tempting target.
“Trial,” the monthly magazine of the American Association for Justice, hyped environmental litigation in its March issue, “Poisoned wells: dangers of natural gas drilling,” a piece authored by another plaintiffs’ attorney, William S. Friedlander. Environmental activists and litigators often team up in campaigns against energy, both exaggerating the risks to increase their potential income via membership dues or settlements, respectively.
Do we want a prosperous society, a growing economy, and a strong manufacturing base fueled by affordable natural gas, or do we want an elite class of trial lawyers and winners of the litigation lottery? (continue reading…)

