Drilling in the Marcellus Shale to release natural oil and gas, also known as hydraulic fracturing or "fracking" for short, has been controversial for its potential environmental impact. Those concerns are counterbalanced by the need for natural gas and the financial benefits to those who are selling rights to drill under their land, many of whom are farmers facing difficult financial times. Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs bar.

Whether or not fracking raises potential health hazards is the subject of much controversy. In an op-ed article in The Daily Caller titled "Fracking Doesn't Pose Health Risks," Dr. Elizabeth Whelan, president of the American Council on Science and Health, stated that "fracking doesn't pollute water or air. No documented instances of adverse health effects have been linked to fracking." However, opponents of fracking disagree.