Last week, the Bureau of Land Management (BLM) released an updated draft rule governing hydraulic fracturing activities on public and Indian lands. BLM estimates that fracking occurs at approximately 90 percent of wells drilled on these lands. The updated rule follows an initial draft rule proposed in 2012, an extended comment period and several forums.
Continue Reading BLM’s Updated Draft Fracking Rule Draws Criticism from Both Sides
Oil & Gas
EPA Requires Reporting of Certain Chemical Compounds Used in Fracking
Last week, the U.S. Environmental Protection Agency (EPA) issued a rule that would require notification to EPA before manufacturing, importing or processing a particular type of chemical commonly used in hydraulic fracturing operations. These chemicals, described as quaternary ammonium compounds, are used in fracking fluids to eliminate bacteria in the water that produces corrosive by-products.
Continue Reading EPA Requires Reporting of Certain Chemical Compounds Used in Fracking
Court Finds Agency Must Consider Impacts of Current Fracking Technologies under NEPA
See our California Environmental Law Blog for a discussion of the court’s decision in Center for Biological Diversity v. BLM, finding that BLM failed to consider the impacts of current fracking technologies in granting mineral leases on federal lands.
Continue Reading Court Finds Agency Must Consider Impacts of Current Fracking Technologies under NEPA
Two House Bills Would Eliminate Regulatory Breaks for Oil and Gas Industry
On March 14, 2013, two bills were introduced in the United States House of Representatives that would amend the Clean Air Act and the Clean Water Act to eliminate certain exclusions for oil and gas operations. In short, these bills would remove current exemptions under federal laws for oil and gas operations, including fracking operations, and would result in further regulation of air emissions and stormwater discharges associated with these activities.
Continue Reading Two House Bills Would Eliminate Regulatory Breaks for Oil and Gas Industry
Supreme Court Rejects Logging Road Permit Requirement – Will Oil and Gas Benefit?
On March 20, 2013, the Supreme Court ruled in Decker v. Northwest Environmental Defense Center 586 U.S. (2013) that storm water discharges from logging roads do not require an NPDES permit under the CWA. The decision turns largely on deference to EPA’s interpretation of its own regulations. Whether this holding will be extended to mining…
Alaska Extends the Comment Period for its Fracking Regulations
The Alaska Oil and Gas Conservation Commission (AOGCC) extended the period for comments on its proposed regulations governing hydraulic fracturing. The deadline for written comments is now April 1, 2013, and the public hearing has been rescheduled to April 4, 2013.
Continue Reading Alaska Extends the Comment Period for its Fracking Regulations
Federal Agencies Reconsider Fracking Regulations
In the past two weeks, the Environmental Protection Agency (EPA) and the Bureau of Land Management (BLM) have both indicated that they are reconsidering recent rulemaking activities related to hydraulic fracturing. Neither agency provided specifics on the potential revisions.
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Proposed Alaska Oil and Gas Production Tax Bill Would Reduce Tax Rates, Alter Credits
On January 16, 2013, Alaska Governor Sean Parnell introduced proposed legislation that would significantly alter Alaska’s Oil and Gas Production Tax regime. The current law, known as Alaska’s Clear and Equitable Share Act (“ACES”), was enacted in 2007 and is located in Alaska Statutes 43.55.011 et seq. This tax is levied on the net profits of oil and gas production from leases or properties in the state, except for the federal and state royalty share and oil and gas used in drilling or production operations. In this context, the term “net profits” is essentially the gross value at the point of production, also known as wellhead value (market price less transportation costs) less upstream operating and capital costs.
The tax that is levied on net profit per Btu equivalent barrel of oil and gas is the sum of (1) a base tax rate of 25% and (2) a progressive surcharge that is calculated on a monthly basis and starts at 0.4% for every $1 by which net profit per barrel exceeds $30, up to $92.50. For net profits over $92.50, the progressive surcharge equals the sum of 25% (0.4% times $62.50) plus 0.1% per every additional $1 of profit per barrel, up to a maximum progressive surcharge of 50%. Thus, the maximum total nominal tax rate is 75%. The tax rates under ACES, particularly the progressive surcharge, have been and will continue to be hotly debated.Continue Reading Proposed Alaska Oil and Gas Production Tax Bill Would Reduce Tax Rates, Alter Credits
Alaska Gets Into the Fracking Regulation Game
On December 20, the Alaska Oil and Gas Conservation Commission (AOGCC) released proposed regulations governing hydraulic fracturing. The regulations would require AOGCC approval to conduct fracking activities. For comparison, California recently released a “discussion draft” of potential regulations which would impose certain requirements on fracking operations but would not require additional approval (see California Environmental…
New Proposals for Fracking Legislation and Rulemaking in California
See the following posts in our California Environmental Law Blog to learn about efforts in California to regulate fracking at the state level:
Another Attempt at Fracking Disclosure Legislation in California (posted December 9)
DOGGR Releases Draft Fracking Rule (posted December 19)