Insight and Information on the Oil, Gas, Pipeline, & Mining Industries
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…
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…
Last week, the Bureau of Land Management (BLM) released an updated draft rule governing hydraulic fracturing activities on public and Indian lands. BLM estimates that fracking occurs at approximately 90 percent of wells drilled on these lands. The updated rule follows an initial draft rule proposed in 2012, an extended comment period and several forums.
Continue Reading BLM’s Updated Draft Fracking Rule Draws Criticism from Both Sides
Last week, the U.S. Environmental Protection Agency (EPA) issued a rule that would require notification to EPA before manufacturing, importing or processing a particular type of chemical commonly used in hydraulic fracturing operations. These chemicals, described as quaternary ammonium compounds, are used in fracking fluids to eliminate bacteria in the water that produces corrosive by-products.
Continue Reading EPA Requires Reporting of Certain Chemical Compounds Used in Fracking
See our California Environmental Law Blog for a discussion of the court’s decision in Center for Biological Diversity v. BLM, finding that BLM failed to consider the impacts of current fracking technologies in granting mineral leases on federal lands.
Continue Reading Court Finds Agency Must Consider Impacts of Current Fracking Technologies under NEPA
On March 14, 2013, two bills were introduced in the United States House of Representatives that would amend the Clean Air Act and the Clean Water Act to eliminate certain exclusions for oil and gas operations. In short, these bills would remove current exemptions under federal laws for oil and gas operations, including fracking operations, and would result in further regulation of air emissions and stormwater discharges associated with these activities.
Continue Reading Two House Bills Would Eliminate Regulatory Breaks for Oil and Gas Industry
On March 20, 2013, the Supreme Court ruled in Decker v. Northwest Environmental Defense Center 586 U.S. (2013) that storm water discharges from logging roads do not require an NPDES permit under the CWA. The decision turns largely on deference to EPA’s interpretation of its own regulations. Whether this holding will be extended to mining…
On Monday, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in the case of Karuk Tribe of California v. United States Forest Service, 681 F.3d 1006 (9th Cir. 2012). In that case, the Ninth Circuit held that the Forest Service violated the Endangered Species Act (ESA) by failing to consult…
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…
Senate Bill 34 (Carbon Capture and Storage Act of 2013), which would close certain key legal gaps that hinder carbon capture and storage in California, lost its sponsor late last week when Senator Rubio (D – East Bakersfield) suddenly resigned. Earlier this week the Senate Environmental Quality Committee decided to postpone its hearing on SB-34. …
