Congresswoman Dianna DeGette of Colorado recently introduced legislation that would again place hydraulic fracturing under the federal Safe Drinking water Act and thereby under the jurisdiction of the U.S. EPA. (House Bill H.R. 7231) Further, the issue of hydraulic fracturing is again receiving publicity. The November 2008 edition of Business Week addresses hydraulic fracturing. The State of Alabama and the IOGCC have addressed the issue extensively. In this paper, we will review the history of litigation concerning hydraulic fracturing.