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Mike Mills

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Mike Mills is an experienced environmental attorney who represents his clients in complex regulatory, compliance and litigation matters. His scientific background in environmental toxicology, as well as his contacts within California’s state regulatory agencies, make him ideally suited to provide effective and practical solutions to environmental, regulatory and sustainability challenges that his clients confront.

Mike is a former co-chair of the firm’s Energy and Natural Resources Industry Group, and his deep connections within California’s oil and gas industry span over two decades. Oil and gas clients appreciate Mike’s experience as they manage business growth and risks in the challenging regulatory environment in which they operate in California.

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Today, the Environmental Protection Agency (“EPA”) announced a new goal to cut methane emissions from the oil and gas industry.  (See White House Fact Sheet.)  The EPA’s goal is to reduce methane emissions from the oil and gas sector by 40-45% from 2012 levels by 2025.  The proposed regulations will set standards to reduce methane and volatile organic compounds (“VOC”) emissions from “new and modified oil and gas production sources, and natural gas processing and transmission sources.”  The EPA will issue a proposed rule in summer 2015, and will issue a final rule as early as next year, in 2016.

Today’s announcement furthers the “Strategy to Reduce Methane Emissions” issued in March 2014, which is an initiative under the Obama Administration’s Climate Act Plan.  Further, the EPA previously published standards for VOC emissions from the oil and gas industry in 2012 which aim to protect public health and the environment while permitting expansion of oil and gas production.Continue Reading EPA Announces Plan for Rulemaking to Reduce Methane Emissions from the Oil and Gas Industry

Railroad transportation of raw petroleum, often referred to as “crude-by-rail,” has received increasing media attention in recent months, due to health and environmental concerns.  California took a stab at legislating rail transport through Senate Bill 861 (“SB 861”), which the State Legislature passed in June 2014 and the Governor subsequently signed into law.  On Tuesday, October 7, 2014, a group of railroad companies, led by Union Pacific Railroad Company, filed a complaint the United States District Court, Eastern District of California, alleging that SB 861 is preempted by federal law.

SB 861 imposes requirements on railroads operating within California that are duplicative of federal regulations.  For example, the law mandates oil spill prevention measures including reporting the quantity and substance of transported materials, and a map of track routes and facilities, both which are already required under federal law.  (See Gov. Code § 8670.29.)  Additionally, railroad operators must submit and gain approval of an oil spill contingency plan before they can legally operate throughout California.Continue Reading Railroad Companies Allege Federal Law Governing Petroleum Transport Preempts SB 861

On September 30, 2014, a block of twelve Democratic U.S. Senators presented a letter to the White House’s Office of Management and Budget (“OMB”), urging stricter fracking regulations.  The Bureau of Land Management (“BLM”), an agency within the Department of the Interior, is authoring the federal regulations for fracking on public and Indian lands.  The…

On September 25, 2014, California Governor Jerry Brown signed legislation that will provide California’s emergency responders with more information about trains carrying crude oil and require railroad companies to provide more information about potentially hazardous cargo to the state’s Office of Emergency Services (“OES”).  In summary, Assembly Bill 380 requires:

  • a rail carrier to prospectively

…

On Wednesday, July 23, 2014, the U.S. House of Representatives Subcommittee on Energy and Mineral Resources held an oversight hearing, titled “American Metals and Mineral Security: An examination of the domestic critical minerals supply and demand chain.”  During the hearing, a panel of witnesses spoke on the benefits of securing a supply of minerals through domestic mining.  This panel included representatives from GE Global Research and the National Defense Industrial Association, among others.

The hearing demonstrated support for H.R. 761, the National Strategic and Critical Minerals Production Act.  H.R. 761 passed the House (246-178) on September 18, 2013, and is awaiting Senate approval.  The purpose is to “more efficiently develop domestic sources of the minerals and mineral materials of strategic and critical importance to United States.”  Key sections of H.R. 761 introduce mandates for streamlining the permitting process for mineral development and limits the permitting review period to 30 months. Continue Reading U.S. House Hearing Supports Legislation for Development of Domestic Minerals (H.R. 761)

On Wednesday, July 23, 2014 the Pipeline and Hazardous Materials Safety Administration (“Administration”), an agency within the U.S. Department of Transportation (“USDOT”), issued a Notice of Proposed Rulemaking (“NOPR”) for rail transport of crude oil and ethanol.  The NOPR, titled “Enhanced Tank Car and Operational Controls for High-Hazard Flammable Trains,” is available online, but has not yet been published in the Federal Register. 

There are three main provisions of the NOPR: “(1) new operational requirements for certain trains transporting a large volume of Class 3 flammable liquids; (2) improvements in tank car schedules; [and] (3) revision of the general requirements for offerors to ensure proper classification and characterization of mined gases and liquids.”  (NOPR, at p. 1.)  Notably, the USDOT proposes to phase out the use of older USDOT tank cars for the shipment of certain liquids within two years, unless the tank cars are retrofitted to comply with new tank car design standards.  (See USDOT, U.S. DOT Announces Comprehensive Proposed Rulemaking for the Safe Transportation of Crude Oil, Flammable Materials.)  This rule would include gradual prohibition on transport of most Bakken crude oil.Continue Reading USDOT Proposes New Rules for Rail Transport of Fossil Fuels

On Wednesday, July 9, 2014, the State Water Resources Control Board (“Water Board”) announced that it will be holding a “Stakeholder Meeting to Develop Groundwater Monitoring Model Criteria for Oil & Gas Areas.”  The meeting is scheduled for Thursday, August 7, 2014 from 8:00 am to 5:00 pm in the Kern County Supervisors Chambers in Bakersfield.  The Water Board is required to develop model groundwater monitoring criteria by July 1, 2015 pursuant to Senate Bill 4 (“SB 4”).  (Wat. Code, § 10783, subd. (c).) 

Interim well stimulation regulations, issued by the Department of Conservation’s Division of Oil, Gas & Geothermal Resources (“DOGGR”) came into effect on January 1, 2014.  DOGGR is on schedule to publish permanent regulations on January 1, 2015.  Under the interim regulations, well operators must submit a groundwater monitoring plan, or request an exemption from the Water Board if the operator can show the absence of protected waters.  (Interim Regulations, § 1783.1, subd. (b)(4).)  If the exemption is granted, the Water Board issues a written concurrence.  (§ 1783.4, subd. (c).)Continue Reading Water Board Announces Meeting to Develop SB 4 Groundwater Monitoring Criteria

One of the largest oil-field services companies in the world, Baker Hughes, has revised its long-standing policies on disclosing the contents of hydraulic fracturing fluids on FracFocus.org – a non-profit database designed to provide the public with information related to oil and gas development.

The policy states that the company believes it is “possible to…

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Here Stoel Rives shares insight and analysis about key mineral law developments. Drawing on a very active natural resources practice, we aim to keep readers informed about the legal aspects of news that impacts exploration and development of all things mineral.