As we reported earlier, consideration of proposed federal rulemaking concerning crude oil-by-rail transportation recommended by the Pipeline and Hazardous Material Safety Administration and Federal Railroad Administration is underway, and, after receiving more than 3,000 submissions, the comment period closed on September 30. Nevertheless, and despite the possibility of preemption challenges in litigation, state
With Increased Federal Scrutiny, State Governments Look To Expand Oil-By-Rail Oversight
With the federal Department of Transportation’s recent emergency order impacting those who transport crude oil by rail, state governments are likewise considering additional regulatory oversight that could affect the industry in the wake of recent train derailments such as the one yesterday in Virginia.
In Minnesota, where more than 800 tank cars carrying oil
Debates Continue Over Taxes And Fees On Hydraulic Fracturing In Ohio And Pennsylvania
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
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
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
USDOT Issues Emergency Order Impacting All Bakken Crude Oil Rail Shipments
In response to safety concerns over trains carrying crude oil extracted from Bakken shale, the federal Department of Transportation (USDOT) issued an Emergency Restriction/Prohibition Order yesterday, affecting all those who transport crude oil by rail in the United States.
Specifically, the USDOT stated that its investigations into train accidents and derailments in North Dakota
Industry Task Force Makes Proposals To Increase Natural Gas Capture In North Dakota
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
USGS Tool Could Predict, Prevent Wetlands Contamination By Sub-Surface Wastewater
While advances in hydraulic fracturing technology have resulted in an oil and gas boom in North Dakota and other parts of the U.S., the industry, federal and state regulators, and local communities have also had to contend with outgrowths of that development. One particular issue confronting those groups is how to handle and dispose of
Transportation Safety Issues Fueling Pipeline Proposals In North Dakota And Minnesota
Following the derailment and explosion of a train carrying crude oil near Casselton, North Dakota, and a federal Department of Transportation safety alert that Bakken crude may be more prone to ignite at lower temperatures than other crudes, there’s renewed interest in finding secure transportation alternatives for those natural resources. Pipelines are one alternative gaining
A River Runs Through It: North Dakota Supreme Court Finds State Government Owns Minerals In Disputed “Shore Zone”
The North Dakota Supreme Court issued an opinion last week resolving a constitutional question of public vs. private ownership of mineral interests in the area between the high and low water marks along navigable waters (commonly known as the “shore zone”). Ultimately, the court found that the state’s interest in minerals begins at the high