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On July 16, 2014, the City Council of Denton, Texas rejected an ordinance that would prohibit hydraulic fracturing. The initiative will now be considered by the Denton residents in the November election. Earlier this year,...more
Faced with the potential for two anti-fracking measures on the Colorado ballot this November, Colorado governor John Hickenlooper and state lawmakers have been working for weeks to develop a legislative compromise to avoid...more
REGULATORY ACTIVITY -
GREENHOUSE GAS -
Pursuant to President Obama’s Climate Action Plan, the Environmental Protection Agency (EPA) will soon propose to prohibit certain chemicals contributing to emissions of...more
The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply. With the state facing one of the most severe droughts on record and water regulators tightening...more
President Obama recently signed into law the Water Resources Reform and Development Act of 2014 ("WRRDA"). The President's action follows Congressional approval of the Conference Agreement reached in May by House and Senate...more
SB 38 – Amend Environmental Laws started as Emergency Management Amendments. The House added environmental amendments. The House sent the bill back to the Senate for concurrence. The Senate Clerk’s Office is holding the bill...more
On Monday, June 30, the highest courts in both New York and Colorado confirmed local municipalities' rights to regulate land use within their jurisdictions. The New York State Court of Appeals upheld two towns' bans on shale...more
In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair...more
LEGISLATIVE ACTIVITY -
SENATE ENR COMMITTEE VOTES TO APPROVE FERC NOMINEES, KEYSTONE XL BILL -
On Wednesday, June 18, the Senate Energy and Natural Resources (ENR) Committee held a business meeting in executive...more
On Monday, the New York State Assembly voted 89-34 in favor of a three-year statewide moratorium on hydraulic fracturing. But with the legislative session ending in just a few days, the Senate appears unlikely to take up the...more
On June 6, 2014, by signing into law SB 469, Louisiana Governor Bobby Jindal took an aggressive step towards stymieing the lawsuit recently filed by the Southeast Louisiana Flood Protection Authority-East against 97 oil and...more
Legislators are outmaneuvering School House Rock. Folks my age got a great civics lesson in how a bill becomes a law on Saturday mornings while eating sugary cereal in front of the tv. But a crucial element was missing from...more
The California Supreme Court recently heard oral argument in Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (case submitted May 28, 2014), a case that gives the Justices the opportunity to determine...more
Earlier this month, I posted an entry regarding the latest legislative effort at meaningful CEQA reform. See New CEQA Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps and Extend...more
This past Tuesday, the Carson City Council voted against a local moratorium on new oil and gas activity within its city limits. Last month, Carson passed a 45-day ban on all oil and gas operations, as reported in our March...more
A CEQA reform bill (SB 1451) introduced and authored by seven (7) Democrats (Senators Correa, Galgiani, Hill, Hueso, Roth, and Steinberg, and Assembly Member Mullin) would amend Public Resources Code § 21177 to heighten...more
The Los Angeles City Council voted to ban well stimulation treatments within city limits by a unanimous vote in February, and is in the process of drafting ordinances to put that decision into effect. Carson, California has...more
Fracking is not new to California - it has been used in oil fields for decades - but it has recently become a hot political and legal issue with increasing news reports about alleged environmental damage associated with...more
With Congress and the White House mired in partisan gridlock and preoccupied by issues like the federal debt ceiling, the Affordable Care Act rollout, and the Edward Snowden leak investigation, states again took the lead on...more
In his SB 4 signing message (see September 20, 2013 post), Governor Brown promised certain “clarifying” amendments for SB 4, and his administration has begun the process of seeking those amendments....more
The last several weeks have seen some interesting developments suggesting an increase in temperature in the debate over hydraulic fracturing, or “fracking,” in California.
First, a couple of jurisdictions took actions...more
The City Council of Carson, California has unanimously (by 5-0 vote) approved a moratorium on all new oil and gas drilling within its city limits. The moratorium is set to last 45 days for now, and the City Council will...more
On Tuesday, Voters in Johnson County, Illinois rejected a local referendum designed to pressure county commissioners into enacting a ban on hydraulic fracturing.
Specifically, the referendum—technically a non-binding...more
A vote taken by the Los Angeles City Council last week could set the stage for a city-wide ban on hydraulic fracturing. During its session on Friday, February 28, the ten-member council unanimously approved a motion to draft...more
Following a string of bans enacted by municipalities in New York, Texas, Hawaii, New Mexico (a countywide ban was enacted), Vermont and New Jersey, the Los Angeles City Council approved the adoption of a local ordinance...more
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