On Wednesday, April 1, the state of North Dakota filed a motion to intervene in Wyoming’s lawsuit challenging the Bureau of Land Management’s (“BLM”) federal hydraulic fracturing regulations. (Wyoming v. U.S. Dept. of Interior, Case No. 15-CV-43-5 (Mar. 26, 2015).) The BLM’s Final Rule, released on March 26, 2015, governs fracking on Federal and
fracking
North Dakota And Others Look To Challenge New Federal Fracking Regulations
By Andrew Pieper on
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,…
Obama Administration Releases Federal Fracking Regulations
By Mike Mills on
Posted in Oil & Gas
Today, Friday, March 20, the Bureau of Land Management (“BLM”), an agency within the Department of the Interior, published regulations for hydraulic fracturing on Federal and Indian lands. The Final Rule becomes effective in 90 days and will impact about 2,800-3,800 wells each year. In 2013, 90% of the 2,800 new wells on Federal and Indian lands were stimulated using hydraulic fracturing techniques, according to the BLM. (Hydraulic Fracturing on Federal and Indian Lands, Final Rule, at p. 14.) The regulations do not apply to fracking activity on private and state-owned land, where most of the fracking in the United States occurs.
Requirements under the Final Rule
The overarching purpose of the Final Rule is to provide a “baseline for environmental protection.” (Id. at p. 12.) Principally, a permit is required under existing oil and gas regulations. Before beginning operations, an operator must submit an Application for a Permit to Drill (“APD”) to the BLM and wait for approval. As the new regulations supplement the existing regulations, and do not replace them, this permit requirement will continue under the new regulations.Continue Reading Obama Administration Releases Federal Fracking Regulations
Ohio Supreme Court Strikes Down Local Oil & Gas Regulations – How State Law Preemption Is Shielding the Oil and Gas Industry
By Mike Mills on
Posted in Oil & Gas
In a closely watched, 4-3 decision issued yesterday, February 17, the Ohio Supreme Court ruled that the ‘Home Rule Amendment’ to the Ohio Constitution does not grant the city of Munroe Falls the power to enforce its own oil and gas permitting scheme simultaneously with a state-wide permitting regime. (State ex rel. Morrison v.
Federal Regulation of Hydraulic Fracturing Spurned by Senate
By Mike Mills on
On Wednesday, January 28, the Senate voted against Amendment 48 which would allow the federal Environmental Protection Agency (“EPA”) to regulate hydraulic fracturing (“fracking”) on state and private lands. The measure was presented by Senator Kirsten Gillibrand (D-NY) as a negotiated amendment to the Keystone XL Pipeline Act. The amendment would have repealed sections of…
Federal Judge Rules that State and Federal Law Preempts New Mexico’s Fracking Ban
By Mike Mills on
On January 20, 2015 a U.S. District Judge overturned New Mexico’s ban on hydrocarbon extraction, which included a prohibition on hydraulic fracturing (“fracking”) in the state. (SWEPI, LP v. Mora County et al., Case No. 1:14-cv-00035-JB-SCY, filed Jan. 19, 2015.) Mora County, a political subdivision of the State of New Mexico, enacted the ban through a local ordinance in April 2013. It was the first such prohibition in the country.
Federal District Court Judge James O. Browning based his decision on federal preemption: “Historically, a county cannot enact or supersede federal law. The Ordinance thus goes beyond Mora County’s historical lawmaking just to deprive corporations of their rights.” (Id. at p. 157.) The Mora County ban clashed with both state and federal law regulating the drilling of oil and gas. Under the Constitution’s Supremacy Clause, any local or state law that conflicts with federal law is invalid.Continue Reading Federal Judge Rules that State and Federal Law Preempts New Mexico’s Fracking Ban
Senators Critique Proposed Federal Rules for Hydraulic Fracturing on Federal and Indian Lands
By Mike Mills on
Posted in Oil & Gas
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…