The Proceedings of the National Academy of Sciences recently published a study of direct measurements of methane emissions from sources at 190 onshore natural gas production sites using operational practices. The estimate of total emissions from this study is similar to the Environmental Protection Agency’s (EPA) recent National Emissions Inventory of methane emissions from natural…

On September 4, 2013, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) jointly proposed new regulations governing the issuance of “incidental take statements” (ITSs) under Section 7 of the Endangered Species Act (ESA). The purpose of these proposed regulations is to codify existing agency practices regarding the identification of take…

Last week, the Occupational Safety and Health Administration (OSHA) proposed a rule to decrease the permissible exposure limits (PELs) for crystalline silica. OSHA indicated that the inhalation of silica dust can increase workers’ risk of silicosis and other diseases. Silica is commonly used as a proppant in hydraulic fracturing.
Continue Reading OSHA Proposes Silica Rule Affecting Fracking Workers

Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife (“ODFW”). Other counties in southeastern Oregon are also heavily affected. ODFW’s approach was to simply recommend against any development in core habitat, without consideration whether off-site mitigation could result…

On August 2, 2013 the Federal Railroad Administration (“FRA”) released Emergency Order No. 28, Notice No. 1 and Safety Advisory 2013-06 in response to the July 2013 tragedy in Lac-Mégantic, Quebec, Canada where a cargo train derailed, exploding portions of the 72 cars of petroleum crude oil it carried. The explosion killed 47 people and…

Readers please note that the Oregon/Washington State Office of the Bureau of Land Management has relocated, effective today. The new address is the Edith Green-Wendell Wyatt Federal Building at 1220 SW 3rd Avenue, Portland, OR  97204. The mailing address and telephone number remain the same: P.O. Box 2965, Portland, OR  97208 and (503) 808-6001 (press…

Last Week, the U.S. House of Representatives’ Natural Resources Committee advanced a bill that would require the Department of Interior (DOI) to defer to state rules regulating hydraulic fracturing on federal lands. HR 2728, the Protecting States’ Rights to Promote American Energy Security Act, would prevent DOI from imposing fracking regulations on federal land in states that already have regulations, guidance or permit requirements relating to fracking activities. The bill’s exemption from federal regulation is broad, incorporating not only state regulations specifically targeting fracking, but also any state requirements or guidance for any component of the fracking process.
Continue Reading House Committee Advances Bill to Override BLM Fracking Regulations in Favor of State Rules

Last week, the U.S. Department of Energy (DOE) told The Associated Press that the preliminary results of its study indicated that that fracking chemicals did not reach drinking water sources at a well site in Greene County, Pennsylvania, in the Marcellus Shale formation. The study, conducted by the DOE’s National Energy Technology Laboratory, is the first performed by government scientists using tracers in fracking fluid. Researchers injected the tracers into fracking fluid at different stages of the fracking process while monitoring existing wells at about 3,000 feet above the fractures, which were roughly 8,000 feet below the surface. DOE found no evidence of the tracers in groundwater at the monitored wells.
Continue Reading DOE Study Finds Fracking Does Not Contaminate Drinking Water Sources in Marcellus Shale

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…

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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.