The third Bureau of Land Management auction of oil and gas sales scheduled for the 2013 fiscal year should have been held today for federal lands in California. However, last month the BLM California office issued a short notice stating that it would cancel remaining 2013 oil and gas lease sales planned for May, June
State Specific Issues
Alaska Legislature Lowers Oil and Gas Production Taxes, Amends Incentives
Senate Bill 21, which was recently signed into law, significantly alters Alaska’s Oil and Gas Production Tax regime. Although discussions regarding this law have largely been focused on North Slope activity, other areas of the state are also affected.
To understand the relevance of the amendments, it is useful to have a basic understanding of…
State of Alaska Extends Certain Oil & Gas Leases
The State of Alaska has amended state law to provide for extension of the primary term of oil and gas leases on state lands when such extensions are in the best interests of the state. HB 198 authorizes the Commissioners of the Department of Natural Resources (the “Commissioner”) to extend the primary term of an…
Construction Aggregate Shortage Continues in California
On March 1st, the California Geological Survey (CGS) released information forecasting a continuing shortage of permitted aggregate resources (sand, gravel and crushed stone) in California. According to CGS’s Map Sheet 52 and accompanying report, California only has permitted resources to meet approximately one-third of aggregate demand over the next 50 years.
Aggregate is essential for…
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
Alaska Considering State Primacy Over Section 404 Dredge and Fill Permitting
In his State of the State address on January 16, 2013, Alaska Governor Sean Parnell called for the state to assume primacy for dredge and fill permitting under Section 404 of the Clean Water Act. Two days later, on January 18, 2013, Governor Parnell introduced two bills – Senate Bill 27 and House Bill 78…
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)
California Agency Plans to Address Impact of Fracking on Groundwater
See the December 3 post on our California Environmental Law Blog for more information on the Division of Oil, Gas, and Geothermal Resources’ plans to increase groundwater protections through its UIC program.