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 … Continue Reading
On Friday, July 11, 2014 the U.S. Environmental Protection Agency (“USEPA”) extended the public comment period for its advanced notice of proposed rulemaking (“ANPR”) for hydraulic fracturing chemical disclosure rules. The USEPA initially requested public comment on May 9, 2014 by issuing the ANPR. This set a 90-day public comment period, slated to end on … Continue Reading
On Wednesday, July 9, 2014, the State Water Resources Control Board (“Water Board”) announced that it will be holding a “Stakeholder Meeting to Develop Groundwater Monitoring Model Criteria for Oil & Gas Areas.” The meeting is scheduled for Thursday, August 7, 2014 from 8:00 am to 5:00 pm in the Kern County Supervisors Chambers in … Continue Reading
One of the largest oil-field services companies in the world, Baker Hughes, has revised its long-standing policies on disclosing the contents of hydraulic fracturing fluids on FracFocus.org – a non-profit database designed to provide the public with information related to oil and gas development. The policy states that the company believes it is “possible to … Continue Reading
In exchange for a $2.6 billion cut to Ohio’s state income taxes, Gov. John Kasich has proposed a package of tax increases in other areas. Included among those increases would be the gradual implementation of a 2.75 percent tax on oil and gas extracted through horizontal drilling and hydraulic fracturing in Ohio, which is estimated … Continue Reading
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 … Continue Reading
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 … Continue Reading
The North Dakota Supreme Court issued an opinion last week resolving a constitutional question of public vs. private ownership of mineral interests in the area between the high and low water marks along navigable waters (commonly known as the “shore zone”). Ultimately, the court found that the state’s interest in minerals begins at the high … 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
On November 20, 2013, the House of Representatives passed H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, which was introduced by Representative Bill Flores (R-Texas). As discussed in a previous post (see Nov. 15, 2013 post), H.R. 2728 prohibits the Department of the Interior from enforcing federal regulations, guidance, or permit requirements … Continue Reading
On December 11, 2013, Stoel Rives and BSK Associates will host a complimentary breakfast seminar in Bakersfield, CA to share observations and strategies for complying with SB 4. Breakfast will begin at 7:30 a.m., with the program beginning at 8:00 a.m. The office of Jason Marshall, Deputy Director of the Department of Conservation, has confirmed … 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
Interested in news involving hydraulic fracturing or “fracking” in California? Our sister blog, California Environmental Law Blog, actively keeps readers informed on the latest legal, business and regulatory developments on fracking. Highlights from the past year include: Environmental Groups Sue Over Fracking Permits Fracking Study Finds No Harm to Environment San Benito County Moves Toward … Continue Reading
Falling victim to a Legislature pre-occupied with massive budget deficit issues and last minute wrangling over the Governor’s corporate tax package on out-of-state companies, AB 591, California’s legislative foray into the charged arena of hydraulic fracturing regulation, stalled in the State Senate’s Appropriations Committee. In its current form, the bill embodied a fairly comprehensive agreement … Continue Reading