Via my colleague Sarah Johnson Phillips:

Mineral Law blog readers will be interested in a summary of key discussion points that emerged at a recent frac sand mining CLE I attended with my colleagues Kevin Johnson and Thomas Braun. Organized by the Minnesota State Bar Association’s Environment, Natural Resources, & Energy Section, the CLE

On September 19, NRDC announced the launch of its new Community Defense Fracking Project in New York, Pennsylvania, Ohio, Illinois and North Carolina. NRDC explained that the Project will offer assistance to local governments in these states “that want added control over the siting of and/or protections against the harms of fracking in their communities.” In particular, NRDC will assist in drafting local laws and land use plans relating to fracking and defend related zoning provisions and other local laws in court. NRDC indicates that the Project was established to defend a community’s “right to enact local laws to project public health, safety, morals, and general welfare.”
Continue Reading NRDC Offers Assistance to Communities Impacted by Fracking in Five States

Last week, EPA issued a final rule imposing New Source Performance Standards (NSPS) on fracking well completions.  The rule applies to new gas wells and refractured gas wells, which are considered “modifications” subject to NSPS.  Under the new rule, fracking operators must use reduced emission completions, also known as RECs or green completions, to reduce

The American Petroleum Institute and America’s Natural Gas Alliance sponsored a report finding that EPA’s proposed hydraulic fracturing study plan could be improved in several areas.  The report finds that the proposed EPA study reaches beyond the scope of Congress’s stated purpose – studying the relationship between fracking and drinking water.  Rather than focus on

At the end of last week, EPA and BLM each released draft requirements relating to fracking.  EPA released draft Underground Injection Control (UIC) Class II well permitting guidance for fracking activities that use diesel fuels.  BLM released draft rules requiring public disclosure of fracking chemicals used on public and Indian lands.

The EPA guidance applies

Falling victim to a Legislature pre-occupied with massive budget deficit issues and last minute wrangling over the Governor’s corporate tax package on out-of-state companies, AB 591, California’s legislative foray into the charged arena of hydraulic fracturing regulation, stalled in the State Senate’s Appropriations Committee.  In its current form, the bill embodied a fairly comprehensive