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…

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…

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…

Those that “dig in the dirt” are very familiar with the Damage Information Reporting Tool (DIRT), which was launched in 2003 by the Common Ground Alliance (CGA). Over the years California has enacted several statutes requiring anyone moving dirt to notify a regional notification center of the area of planned disturbance that may impact a subsurface…

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents.  This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit in place since 1997.

The Draft…

Last week, the US Environmental Protection Agency (EPA) issued final Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels under its Underground Injection Control (UIC) program. The final guidance comes more than a year and a half after EPA issued the initial draft, concluding that fracking operations using diesel fuel as a fracking fluid or propping agent were subject to UIC Class II permitting requirements (see May 8, 2012, post). Fracking activities not using diesel fuels are excluded from UIC requirements under the Safe Drinking Water Act pursuant to the 2005 Energy Policy Act.
Continue Reading EPA Releases Final Guidance for Fracking Using Diesel Fuels

Senator Mary Landrieu (D-LA) has confirmed today that she will take the position as Chair of the Senate Energy and Natural Resources Committee as soon as next week. (See previous post dated December 31, 3013.)

The previous chairman – Senator Ron Wyden (D-OR) – is expected to be approved as Chair of the Finance Committee…

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…

The Environmental Protection Agency (“EPA”) announced that starting on March 1, 2014, oil and gas operators performing offshore hydraulic fracturing operations must maintain an inventory of chemicals used to formulate frac fluid, and if there is any discharge of that fluid, to include the chemical formulation to the EPA within a quarterly discharge monitoring report.

These new…

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…

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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.