News & Analysis as of

Colorado Supreme Court Grants Petition to Consider Use of Lone Pine Orders in Toxic Tort Case Involving Hydraulic Fracturing

On Monday, the Colorado Supreme Court granted a Petition for Writ of Certiorari in Antero Resources, et al. v. Strudley, et al. The Strudley case involves claims relating to alleged injuries from natural gas drilling...more

Development of Horizontal Drilling Techniques Drives Global Demand for Associated Fluids and Chemicals

Research and Markets, a leading international market research and market data firm, has released its report on Global Trends and Forecasts for Fracking Chemicals and Fluid Markets. The report estimates that the global...more

Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war? On March 12, 2014, the Wyoming Supreme Court in Powder River Basin Resource...more

Wyoming Supreme Court Remands Fracking Chemical Disclosure Case to District Court for Reconsideration

On March 12, 2014, the Wyoming Supreme Court issued a highly anticipated ruling in a case concerning the scope of trade secret protection available to exempt certain fracking chemical information—which Wyoming requires to be...more

Are Fracking Fluid Recipes Trade Secrets? Wyoming Supreme Court Sends Issue Back to District Court

In a unanimous opinion issued March 12, 2014, the Wyoming Supreme Court reversed and remanded a case concerning the confidentiality of the ingredients in fracking fluids. The decision keeps alive a challenge to the...more

CG Policy on Barging of Produced Water

On October 30, 2013, the United States Coast Guard published a “Proposed Policy Letter: Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk” (“Proposed Policy”) pertaining to the barging of “shale...more

New Permit Requires Disclosure of Hydraulic Fracturing Fluids For Offshore Oil and Gas Operations in Southern California

On January 9, 2014, the U.S. Environmental Protection Agency (EPA), Region 9, announced that it will require oil and gas operators engaged in hydraulic fracturing off the southern California coast to disclose any chemicals...more

Florida House Subcommittee Advances Fracking Disclosure Bills

The Florida House Agriculture and Natural Resources Subcommittee voted 8-4 on Tuesday in support of two bills that would require disclosure of chemicals used in fracking. While not as shale rich as its neighboring states to...more

The Heat's Still On! - Offshore Operators Must Disclose Hydraulic Fracturing Fluid Chemicals

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...more

Hydraulic Fracturing in Illinois: Draft Regulations to Protect Chemical Proprietary Information

Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225...more

EU Environment Report - September/October 2013

In This Issue: *Chemicals: - Biocides Regulation enters into force - Germany authorised to maintain national limit value on certain chemicals - Commission proposes to amend the definition of nanomaterials...more

Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

Oil and Gas Update - Hydraulic Fracturing Regulations - Bureau of Land Management: On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed...more

Concerns about BLM’s Failure to Protect Trade Secrets Headline Rulemaking Comments

When the Bureau of Land Management (“BLM”) issued its Supplemental Notice of Proposed Rulemaking related to hydraulic fracturing on federal lands on May 16, 2013, it believed that it had struck a balance between industry and...more

Pennsylvania Drillers May Soon Face Tightened Environmental Regulations

Oil and gas drillers in Pennsylvania’s Marcellus Shale formation may soon find themselves subject to more stringent environmental protection standards under regulations proposed by the Pennsylvania Department of Environmental...more

Wyoming Requests Exemption from BLM Hydraulic Fracking Final Rules

On August 19th, Senators Michael B. Enzi and John Barraso, M.D., as well as U.S. Representative Cynthia M. Lummis, wrote to the Secretary of the Interior, The Honorable Sally Jewell, requesting that the Department of the...more

PA DEP Revises Marcellus Gas Well Site Air Quality Permit Criteria

On Thursday, August 8, 2013, the Pennsylvania Department of Environmental Protection (DEP) released final air quality plan exemption criteria to be applied to unconventional natural gas wells (i.e., gas wells drilled into the...more

Department of Energy Report Indicates Fracking Has Not Contaminated Drinking Water in Western Pennsylvania

A recent study by the Department of Energy’s National Energy Technology Laboratory (NETL) indicates that chemical-laced fluids used in hydraulic fracturing, or fracking, have not contaminated the drinking water at a test...more

California Environmental Law and Policy Update - July 25, 2013

Environmental and Policy Focus: Interior Chief defends federal hydraulic fracturing regulations -- Bloomberg - Jul 18: Interior Secretary Sally Jewell drew on her experience as a former oil-industry engineer to defend...more

Federal Government Study Confirms Hydraulic Fracturing Does Not Contaminate Drinking Water

The Department of Energy (“DOE”), after a year-long study at a western Pennsylvania drilling site, has concluded that there is no evidence that chemicals used during the hydraulic fracturing process have contaminated drinking...more

DOE Hydraulic Fracturing Study Finds No Evidence of Water Contamination

Preliminary results of a comprehensive Department of Energy (DOE) study of hydraulic fracturing found no evidence that chemicals from natural gas drilling operations contaminated drinking water....more

UPDATE: California Bill Requiring Fracking Chemical Disclosure Advances In Legislature

California is one step closer to requiring energy companies to disclose to state regulators the chemicals they use in hydraulic fracturing, also known as “fracking.”...more

BLM Issues Revised Proposed Fracking Regulations

The Bureau of Land Management (BLM) has issued a revised proposed rule for regulating hydraulic fracturing—or “fracking.” ...more

Under the Dome: Inside The Maine State House Special Edition 1-24-13

With a population of roughly 1.3 million people, Maine is a small player in national markets. At the same time, Maine legislators have attempted to have an out-sized voice in the national marketplace of legislative policy by...more

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