June 5, 2015 marked the deadline for lawmakers to pass bills out of their house to the opposite house. Bills that did not pass in their house of origin by that date have effectively died (unless such bill has been identified as a 2-year bill). Below is the status and summary of the oil and … Continue Reading
Less than one week after the Bureau of Land Management (BLM) released its Final Rule governing hydraulic fracturing practices on federal lands, North Dakota will proceed to explore the state’s legal options for challenging the new regulations. At their March 24 meeting, the members of the North Dakota Industrial Commission—comprised of Governor Jack Dalrymple, Attorney … Continue Reading
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 governments in … Continue Reading
Last Tuesday, Alaska voters rejected a referendum proposal that would have repealed oil and gas production tax legislation signed into law by Governor Sean Parnell in May 2013, known the "More Alaska Production" Act.… Continue Reading
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 from … Continue Reading
On April 29th, the California Geological Survey (CGS) released production data from 2012 indicating that the production of construction aggregate (sand, gravel and crushed stone) increased for the first time since 2007 in California. Construction aggregate production increased by 7.3 percent to 121.3 million tons (valued at $1.162 billion). Portland cement production also increased by … Continue Reading
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 … Continue Reading
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, including … Continue Reading
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 … Continue Reading
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 … Continue Reading
Update: The Minnesota Environmental Quality Board extended the public comment period for the draft model guidelines by two weeks. The deadline for public comments is now January 27. On December 13, the Minnesota Environmental Quality Board (EQB) – in collaboration with several other state agencies, including the Minnesota Department of Natural Resources (DNR) and the Minnesota Pollution … Continue Reading
Via my colleagues Barbara Craig, Ryan Steen and Sarah Stauffer Curtiss: On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the Endangered Species Act (“ESA”) and to designate critical habitat for the Bi-State … Continue Reading
California Governor Jerry Brown signed SB 447 on Saturday, September 28, 2013, which modifies the Office of Mine Reclamation’s (OMR) authority to list or delist a mine from its list of “good mines” under Cal. Public Resources Code Section 2717 (more commonly referred to as the AB 3098 List). Mines on the AB 3098 List … Continue Reading
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 … Continue Reading
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 2). For … Continue Reading
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, … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
The Alaska Oil and Gas Conservation Commission (AOGCC) extended the period for comments on its proposed regulations governing hydraulic fracturing. The deadline for written comments is now April 1, 2013, and the public hearing has been rescheduled to April 4, 2013.… Continue Reading
In his State of the State address on January 16, 2013, Alaska Governor Sean Parnell called for the state to assume primacy for dredge and fill permitting under Section 404 of the Clean Water Act. Two days later, on January 18, 2013, Governor Parnell introduced two bills – Senate Bill 27 and House Bill 78 … Continue Reading
On January 16, 2013, Alaska Governor Sean Parnell introduced proposed legislation that would significantly alter Alaska’s Oil and Gas Production Tax regime. The current law, known as Alaska’s Clear and Equitable Share Act (“ACES”), was enacted in 2007 and is located in Alaska Statutes 43.55.011 et seq. This tax is levied on the net profits … Continue Reading
On December 20, the Alaska Oil and Gas Conservation Commission (AOGCC) released proposed regulations governing hydraulic fracturing. The regulations would require AOGCC approval to conduct fracking activities. For comparison, California recently released a “discussion draft” of potential regulations which would impose certain requirements on fracking operations but would not require additional approval (see California Environmental … Continue Reading
See the following posts in our California Environmental Law Blog to learn about efforts in California to regulate fracking at the state level: Another Attempt at Fracking Disclosure Legislation in California (posted December 9) DOGGR Releases Draft Fracking Rule (posted December 19)… Continue Reading
