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
Oil & Gas
Pipeline Operators Take Heed – Threatened Enviro Lawsuit May Lead to Greater Regulatory Requirements
By Mike Mills & Eric Skanchy on
On July 28, 2015, the National Wildlife Federation (“NWF”) filed an intent to sue notice against the Department of Transportation (“DOT”), arguing the DOT has not properly approved pipeline projects for more than 20 years.
The legal action carries nationwide implications: Every U.S. oil pipeline that intersects a navigable water may soon be subject to additional regulations.
Specifically, NWF contends that DOT has failed to issue regulations under section 311(j) of the Clean Water Act (“CWA”), requiring an owner or operator of a pipeline to prepare and submit a facility response plan (“FRP”) detailing response actions to be taken in the event of a worst-case discharge of oil or hazardous substances into waters of the United States.
Continue Reading Pipeline Operators Take Heed – Threatened Enviro Lawsuit May Lead to Greater Regulatory Requirements
Activists Threaten to Sue if EPA doesn’t Update RCRA Regs to Cover Oil & Gas Industry
By Mike Mills & Eric Skanchy on
Posted in Oil & Gas
On Wednesday, August 26, a coalition of environmental groups threatened to sue the U.S. Environmental Protection Agency (“EPA”) if the regulations under the Resource Conservation and Recovery Act (“RCRA”) are not updated to restrict the disposal of waste associated with oil and gas production.
The coalition specifically asked the EPA to review and revise the RCRA regulations pursuant to the statutory mandate found in sections 2002(b) and 4002(b) of RCRA. Under these sections, the EPA must review and revise RCRA regulations and guidelines “no less frequently than every three years.” (42 U.S.C. §§ 6912(b), 6942(b).)
RCRA was enacted in 1976 to govern the disposal of solid waste. Solid waste is broken down into (1) hazardous solid waste and (2) non-hazardous solid waste. The most notable provisions of RCRA are included in Subtitle C, which directs the EPA to establish controls on the management of hazardous wastes from their point of generation, through their transportation and treatment, storage and/or disposal.
Continue Reading Activists Threaten to Sue if EPA doesn’t Update RCRA Regs to Cover Oil & Gas Industry
U.S. EPA Proposes New Rules to Curb Methane Emissions from Oil and Gas Sector
By Mike Mills & Parissa Florez on
Posted in Oil & Gas
On August 18, 2015, the U.S. Environmental Protection Agency released proposed regulations aimed at cutting greenhouse gas emissions and volatile organic compounds (VOCs) from oil and gas facilities. These first-ever proposed standards are a key part of a broader strategy, under the President’s Climate Action Plan, to cut methane emissions in the sector by 40% to 45% below 2012 levels in the next decade.
Building on its 2012 New Source Performance Standards (NSPS) for VOC emissions for the oil and natural gas industry, EPA’s proposed updates would require that the industry also reduce methane emissions. Sources already subject to the 2012 NSPS requirements for VOC reductions, which would also be covered by the proposed 2015 methane requirements, would not have to install additional controls, because the controls to reduce VOCs reduce both pollutants. Although the three-year-old mandates targeted VOCs at the sites, the approach cut methane emissions as a side benefit.
The new proposal would go further, requiring methane and VOC reductions from hydraulically fractured oil wells, too. And, the new plan would extend those emission-cutting requirements further downstream to natural gas transmission and processing equipment.
Continue Reading U.S. EPA Proposes New Rules to Curb Methane Emissions from Oil and Gas Sector
BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation
By Andrew Pieper on
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
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BREAKING: Wyoming Federal Court Delays Implementation Of BLM’s Final Fracking Rule
By Andrew Pieper on
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…
More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow
By Andrew Pieper on
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…
Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule
By Andrew Pieper on
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 filed its brief opposing the preliminary injunction motion entered by the two industry group plaintiffs—the Independent Petroleum Association of America and the Western Energy Alliance. The BLM primarily focuses on two arguments.
First, the BLM contends the industry groups are unlikely to succeed on the merits of their litigation against the rule, and, as a result, a preliminary injunction is unwarranted. In support of its position, the BLM argues:
- It developed the final rule in accordance with appropriate statutes, including the Federal Land Policy and Management Act, which grants the BLM authority to administer public lands and resources.
- The industry can comply with certification requirements, such as the temporary recovered fluid storage requirement, by invoking trade secret protection under the BLM’s existing regulations.
- The final rule is justified and necessary to address modern technological advances and changes in hydraulic fracturing industry.
- The industry groups failed to demonstrate irreparable harm, since there is no imminent risk of disclosure of confidential information.
The BLM also maintained that the public interest would not favor a preliminary injunction, because entering one would deny the BLM tools to prevent environmental harm, including putative groundwater contamination. And, according to the BLM’s arguments, an injunction would detrimentally affect the orderly administration of federal energy policy, causing confusion among the public and the industry as to whether and when its final fracking rule would become effective.Continue Reading Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule
Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session
By Mike Mills & Kimberly Hellwig on
Posted in California, Oil & Gas
June 5, 2015 marked the deadline for lawmakers to pass bills out of their house to the opposite house. Bills that did not pass in their house of origin by that date have effectively died (unless such bill has been identified as a 2-year bill). Below is the status and summary of the oil and gas related bills Stoel Rives is monitoring. Stoel’s Oil & Gas Team will continue to monitor these bills, among other environmental related legislation, throughout the 2015-2016 Legislative Session and provide periodic updates as the bills move through the legislative process.
SENATE BILLS
SB-13 (Pavley): Groundwater
UPDATE: This bill passed the Senate on April 30, 2015, and is pending in the Assembly Committee on Water, Parks and Wildlife.
If passed by the legislature and signed into law, this bill would:
- specify that the State Water Resources Control Board is authorized to designate a high- or medium-priority basin as a probationary basin;
- provide a local agency or groundwater sustainability agency 90 or 180 days, as prescribed, to remedy certain deficiencies that caused the board to designate the basin as a probationary basin; and,
- authorize the State Water Resources Control Board to develop an interim plan for certain probationary basins one year after the designation of the basin as a probationary basin.
In addition, if the Department of Water Resources determines that all or part of a basin or subbasin is not being monitored, this bill would require the Department of Water Resources to determine whether there is sufficient interest in establishing a groundwater sustainability plan.
Finally, SB-13 would eliminate the provisions requiring a local agency or combination of local agencies that elect to be a groundwater sustainability agency for a basin to submit a prescribed notice of intent to the Department of Water Resources.Continue Reading Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session
EPA Finds No Systemic Threat to Drinking Water from Fracking
By Mike Mills & Eric Skanchy on
On Thursday, the Environmental Protection Agency (“EPA”) released a long awaited, and congressionally mandated, study detailing the relationship between hydraulic fracturing and drinking water. The EPA found no signs of “widespread, systemic” drinking water pollution from hydraulic fracturing.
“It is the most complete compilation of scientific data to date,” says Dr. Thomas Burke, with the EPA’s Office of Research and Development, “including over 950 sources of information, published papers, numerous technical reports, information from stakeholders and peer-reviewed EPA scientific reports.”
“After more than five years and millions of dollars, the evidence gathered by EPA confirms what the agency has already acknowledged and what the oil and gas industry has known,” said Erik Milito, with the American Petroleum Institute. “Hydraulic fracturing is being done safely under the strong environmental stewardship of state regulators and industry best practices.”
Continue Reading EPA Finds No Systemic Threat to Drinking Water from Fracking