Less than one week after the Bureau of Land Management (BLM) released its Final Rule governing hydraulic fracturing practices on federal lands, North Dakota will proceed to explore the state’s legal options for challenging the new regulations. At their March 24 meeting, the members of the North Dakota Industrial Commission—comprised of Governor Jack Dalrymple,
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Federal Regulation of Hydraulic Fracturing Spurned by Senate
By Mike Mills on
On Wednesday, January 28, the Senate voted against Amendment 48 which would allow the federal Environmental Protection Agency (“EPA”) to regulate hydraulic fracturing (“fracking”) on state and private lands. The measure was presented by Senator Kirsten Gillibrand (D-NY) as a negotiated amendment to the Keystone XL Pipeline Act. The amendment would have repealed sections of…
Federal Judge Rules that State and Federal Law Preempts New Mexico’s Fracking Ban
By Mike Mills on
On January 20, 2015 a U.S. District Judge overturned New Mexico’s ban on hydrocarbon extraction, which included a prohibition on hydraulic fracturing (“fracking”) in the state. (SWEPI, LP v. Mora County et al., Case No. 1:14-cv-00035-JB-SCY, filed Jan. 19, 2015.) Mora County, a political subdivision of the State of New Mexico, enacted the ban through a local ordinance in April 2013. It was the first such prohibition in the country.
Federal District Court Judge James O. Browning based his decision on federal preemption: “Historically, a county cannot enact or supersede federal law. The Ordinance thus goes beyond Mora County’s historical lawmaking just to deprive corporations of their rights.” (Id. at p. 157.) The Mora County ban clashed with both state and federal law regulating the drilling of oil and gas. Under the Constitution’s Supremacy Clause, any local or state law that conflicts with federal law is invalid.Continue Reading Federal Judge Rules that State and Federal Law Preempts New Mexico’s Fracking Ban
EPA Delays Potential Fracking Chemical Disclosure Mandates
By Mike Mills on
On Friday, July 11, 2014 the U.S. Environmental Protection Agency (“USEPA”) extended the public comment period for its advanced notice of proposed rulemaking (“ANPR”) for hydraulic fracturing chemical disclosure rules. The USEPA initially requested public comment on May 9, 2014 by issuing the ANPR. This set a 90-day public comment period, slated to end on…
Baker Hughes’ Policy to Disclose Chemical Components in Well Stimulation Fluids Designed to “Increase the Public Trust”
By Mike Mills on
One of the largest oil-field services companies in the world, Baker Hughes, has revised its long-standing policies on disclosing the contents of hydraulic fracturing fluids on FracFocus.org – a non-profit database designed to provide the public with information related to oil and gas development.
The policy states that the company believes it is “possible to…
Study Suggests EPA Underestimated Natural Gas Methane Emissions, But Not for Fracking, and EPA Releases Study Examining Fracking Emissions Controls
By Robin Seifried on
In several recent studies on methane emissions relating to the natural gas industry, scientists concluded that the U.S. Environmental Protection Agency (EPA) underestimated the quantity of methane the industry releases to the atmosphere. A study released Monday, based on air samples above wells in the Marcellus Shale formation in Pennsylvania, indicates that methane emissions may be from 100 to 1000 times higher than EPA estimates. But this study also found that hydraulic fracturing was not a primary source of methane emissions.
Also this week, EPA released five white papers for peer review identifying fracking, along with compressors, leaks, liquids unloading and pneumatic devices, as a potentially significant source of methane and volatile organic compound (VOC) emissions. The papers are the first step in President Obama’s Climate Action Plan Strategy to Reduce Methane Emissions targeting several areas, including the oil and gas sector, for reducing methane emissions.
Continue Reading Study Suggests EPA Underestimated Natural Gas Methane Emissions, But Not for Fracking, and EPA Releases Study Examining Fracking Emissions Controls
Debates Continue Over Taxes And Fees On Hydraulic Fracturing In Ohio And Pennsylvania
By Andrew Pieper on
Posted in Fracking, Legislation
In exchange for a $2.6 billion cut to Ohio’s state income taxes, Gov. John Kasich has proposed a package of tax increases in other areas. Included among those increases would be the gradual implementation of a 2.75 percent tax on oil and gas extracted through horizontal drilling and hydraulic fracturing in Ohio, which is estimated…
Minnesota Environmental Quality Board Approves Model Standards For Local Silica Sand Mining Regulations
By Andrew Pieper on
On March 19, the Minnesota Environmental Quality Board (EQB) approved its proposed model standards for local silica sand mining regulations and planning. The standards are intended to serve as guidelines for city and county governments as they work to develop their own local ordinances for mining, processing, and transporting silica sand. The Minnesota Legislature mandated…
UPDATE: USDOT Clarifies Its Oil-By-Rail Emergency Order To Answer Industry Concerns
By Andrew Pieper on
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…
Industry Task Force Makes Proposals To Increase Natural Gas Capture In North Dakota
By Andrew Pieper on
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…