In my most recent column for State Tax Notes, I provide an update on H.B. 331, which was passed by the State Legislature in 2018 to create a mechanism for the issuance of up to $1 billion in bonds to finance oil and gas tax credit purchases. I also look at budget tensions created
Reconsidering Helium Production on Federal Lands Amid Privatization of Federal Helium Reserve
On Wednesday the Bureau of Land Management (BLM) will auction helium stored in its Cliffside Field underground storage facility in west Texas (aka the Federal Helium Reserve). This annual auction under the Helium Stewardship Act of 2013 is part of a privatization effort that began back in 1996 and will culminate with the BLM divesting itself of that facility by 2021. At the same time, concerns about helium supply are again rising, as production from Qatar, which accounts for 25% of global helium supply, was interrupted last month by an economic boycott in the region. These events are prompting Congress to consider changing the nearly century-old treatment of helium under the Mineral Leasing Act of 1920.
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EPA Proposes to Require $7+ Billion of Financial Assurances from U.S. Hardrock Mining Industry Under CERCLA Section 108(b)
Last week the EPA officially published its proposal to impose over $7 billion of financial assurance requirements on the owners and operators of currently active or idle hardrock mines and mineral processing facilities. 82 Fed. Reg. 3388 (Jan. 11, 2017). These proposed requirements are intended to cover estimated response costs, natural resource damages, and health assessment costs for which an owner or operator could be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) should a hazardous substance release occur. The EPA estimates that 221 hardrock mining facilities would be subject to these proposed requirements, which would be in addition to financial assurance already required by other federal or state agencies for things such as closure and reclamation. The deadline for submitting comments on the EPA’s proposal is March 13, 2017.
Continue Reading EPA Proposes to Require $7+ Billion of Financial Assurances from U.S. Hardrock Mining Industry Under CERCLA Section 108(b)
BREAKING: Wyoming Federal Court Delays Implementation Of BLM’s Final Fracking Rule
On the heels of yesterday’s day-long hearing on several preliminary injunction motions in litigation challenging the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, the Wyoming district court has temporarily ordered a delay of the rule’s implementation for at least several weeks. (See our prior coverage of the
More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow
Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary injunction hearing. These briefs are summarized below:
BLM’s Opposition To The Preliminary Injunction Motions Filed By The States Of Wyoming And Colorado
California Governor Signs Bill Regulating Oil by Rail
On September 25, 2014, California Governor Jerry Brown signed legislation that will provide California’s emergency responders with more information about trains carrying crude oil and require railroad companies to provide more information about potentially hazardous cargo to the state’s Office of Emergency Services (“OES”). In summary, Assembly Bill 380 requires:
- a rail carrier to prospectively
USGS Tool Could Predict, Prevent Wetlands Contamination By Sub-Surface Wastewater
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
House Passes Legislation Which Would Prohibit Department of the Interior from Enforcing Federal Fracturing Regulations
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
House of Representatives to Consider Legislation Relating to Hydraulic Fracturing
The House of Representatives plans to consider two bills relating to hydraulic fracturing next week. The first of the two, H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, was introduced by Representative Bill Flores (R-Texas) on July 18, 2013. This bill would amend the Mineral Leasing Act and prohibit the U.S. Department
New Study Shows Methane Emissions at Natural Gas Production Sites Are Less Than Previously Estimated
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
BLM Extends Comment Period on Proposed Fracking Rule
The Bureau of Land Management (BLM) announced today that it is extending the comment period for its updated draft rule on hydraulic fracturing an additional 60 days to August 23.
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