Tag: north dakota

North Dakota’s UIC Class VI Primacy Wait is Almost Over

The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state.  Nearly four years after North Dakota became the first state to seek primacy from EPA over carbon sequestration wells – known as Underground Injection Control (UIC) Class … Continue Reading

Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

UPDATE: Quickly following on the heels of the Wyoming federal district court’s order striking down the Bureau of Land Management’s (BLM) hydraulic fracturing rules, the state governments of North Dakota, Wyoming, Colorado, and Utah have now moved to dismiss the pending Tenth Circuit appeal of the district court’s preliminary injunction order.  Those state government indicated in their … Continue Reading

Court Denies Move For Final Judgment On Order Delaying BLM Hydraulic Fracturing Rule; Environmental Groups Proceed Anyway

Following a Wyoming federal court’s order temporarily halting the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands, Sierra Club and several other environmental groups requested the court enter final judgment and delay proceedings while they pursue an appeal through the Tenth Circuit Court of Appeals.  (Our complete coverage of this case … Continue Reading

BREAKING: Wyoming Federal Court Halts Implementation Of Public Lands Hydraulic Fracturing Rule

Late yesterday, Judge Scott Skavdahl of the federal district court in Wyoming issued a much-anticipated order granting a series of preliminary injunction motions filed in litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands.  (Our full coverage of the litigation is available here.)  In a detailed 54-page opinion … Continue Reading

With Latest Filings, Decision On Preliminary Injunction Motions In Litigation Against BLM Fracking Rule Expected Soon

In June, a Wyoming federal district court temporarily delayed implementation of the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, while it granted the BLM an extension to lodge its administrative record and permitted the parties more time to file citations to that record in support of their … Continue Reading

BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation

Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian Tribe’s preliminary injunction motion on July 1.  Among the BLM’s arguments, it asserted four primary points: First, the BLM contends that the Indian … Continue Reading

BREAKING: Wyoming Federal Court Delays Implementation Of BLM’s Final Fracking Rule

On the heels of yesterday’s day-long hearing on several preliminary injunction motions in litigation challenging the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, the Wyoming district court has temporarily ordered a delay of the rule’s implementation for at least several weeks. (See our prior coverage of the preliminary injunction briefing … Continue Reading

More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow

Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary injunction hearing. These briefs are summarized below: BLM’s Opposition To The Preliminary Injunction Motions Filed By The States Of Wyoming And Colorado … Continue Reading

Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule

Since our last update on federal litigation in Wyoming challenging the Bureau of Land Management’s (BLM) final rule to regulate hydraulic fracturing on public lands, the flurry of activity continues in advance of the June 23 preliminary injunction hearing. We’ve summarized several key filings below: BLM’s Opposition To Preliminary Injunction On June 1, the BLM … Continue Reading

Wyoming, Colorado Seek To Halt BLM’s Fracking Regulations; Environmental Groups Intervene

On the heels of a preliminary injunction motion filed in the action by two industry groups challenging the federal Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands, the states of Wyoming and Colorado likewise filed a preliminary injunction motion in their related case last Friday. In their brief, the states … Continue Reading

Preliminary Injunction Motion Filed To Stop BLM’s Final Fracking Rule

Last Friday, the Independent Petroleum Association of America (IPAA) and the Western Energy Alliance (WEA) opened their arguments on a preliminary injunction motion to halt the federal Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands until resolution of the litigation. In its supporting memorandum, the IPAA and WEA detail the process … Continue Reading

New State Oil-By-Rail Regulations Take Effect, While Rail Capacity Is Squeezed

As we reported earlier, consideration of proposed federal rulemaking concerning crude oil-by-rail transportation recommended by the Pipeline and Hazardous Material Safety Administration and Federal Railroad Administration is underway, and, after receiving more than 3,000 submissions, the comment period closed on September 30.  Nevertheless, and despite the possibility of preemption challenges in litigation, state governments in … Continue Reading

USDOT Proposes New Rules for Rail Transport of Fossil Fuels

On Wednesday, July 23, 2014 the Pipeline and Hazardous Materials Safety Administration (“Administration”), an agency within the U.S. Department of Transportation (“USDOT”), issued a Notice of Proposed Rulemaking (“NOPR”) for rail transport of crude oil and ethanol.  The NOPR, titled “Enhanced Tank Car and Operational Controls for High-Hazard Flammable Trains,” is available online, but has … Continue Reading

With Increased Federal Scrutiny, State Governments Look To Expand Oil-By-Rail Oversight

With the federal Department of Transportation’s recent emergency order impacting those who transport crude oil by rail, state governments are likewise considering additional regulatory oversight that could affect the industry in the wake of recent train derailments such as the one yesterday in Virginia. In Minnesota, where more than 800 tank cars carrying oil from … Continue Reading

UPDATE: USDOT Clarifies Its Oil-By-Rail Emergency Order To Answer Industry Concerns

In response to questions raised by the petrochemical industry, the federal Department of Transportation (USDOT) amended its emergency order restricting those who transport crude oil by rail in the United States last Thursday.  Among other revisions, the amended order requires that shippers test their oil cargoes with sufficient frequency to ensure that their hazardous material … Continue Reading

USDOT Issues Emergency Order Impacting All Bakken Crude Oil Rail Shipments

In response to safety concerns over trains carrying crude oil extracted from Bakken shale, the federal Department of Transportation (USDOT) issued an Emergency Restriction/Prohibition Order yesterday, affecting all those who transport crude oil by rail in the United States. Specifically, the USDOT stated that its investigations into train accidents and derailments in North Dakota, Alabama, … Continue Reading

Industry Task Force Makes Proposals To Increase Natural Gas Capture In North Dakota

In late-January, the North Dakota Petroleum Council’s task force on natural gas flaring released its much-anticipated recommendations to the North Dakota Industrial Commission, the administrative body that regulates oil and gas wells in the state.  The task force made several proposals with the aim to increase the amount of natural gas captured at wellheads, including … Continue Reading

USGS Tool Could Predict, Prevent Wetlands Contamination By Sub-Surface Wastewater

While advances in hydraulic fracturing technology have resulted in an oil and gas boom in North Dakota and other parts of the U.S., the industry, federal and state regulators, and local communities have also had to contend with outgrowths of that development.  One particular issue confronting those groups is how to handle and dispose of … Continue Reading

A River Runs Through It: North Dakota Supreme Court Finds State Government Owns Minerals In Disputed “Shore Zone”

The North Dakota Supreme Court issued an opinion last week resolving a constitutional question of public vs. private ownership of mineral interests in the area between the high and low water marks along navigable waters (commonly known as the “shore zone”).  Ultimately, the court found that the state’s interest in minerals begins at the high … Continue Reading

An Opportunity to Cure? When Bankruptcy and Unpaid Oil and Gas Lease Royalties Collide in North Dakota

The North Dakota Supreme Court recently issued its second opinion in Van Sickle v. Hallmark & Associates, a case that has tested the boundaries of a mineral interest holder’s right to royalties when well operators go bankrupt. The Van Sickles own interests in oil and gas produced from a well in McKenzie County that’s operated … Continue Reading
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