News & Analysis as of

Radioactivity In The Oilfield: North Dakota Issues Material Handling Regulations Impacting Oil And Gas Operations

On April 10, 2014, the North Dakota Industrial Commission (NDIC) announced new permit requirements for oil, gas and saltwater disposal wells. The new regulations, which go into effect on June 1, are targeted at the proper...more

Petition Challenges Short-Term Water Approvals in B.C.

On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic...more

PA Supreme Court Holds Portions of Oil and Gas Act Unconstitutional

The Pennsylvania Supreme Court recently held that several provisions of Act 13 of the Pennsylvania Oil and Gas Act are unconstitutional as it gives Marcellus Shale and natural gas drillers unfettered access to drilling...more

Texas Environmental Update - December 20, 2013

Mexican Federal Congress Approves Important Constitutional Energy Reform Bill - Energy Legal Blog, December 13, 2013 - As we previously reported, on August 12, 2013, Mexican President Enrique Peña Nieto...more

California Department of Conservation ("DOC") Proposes Emergency Rulemaking for SB 4 Interim Well Stimulation Treatment...

On December 11, 2013, the DOC proposed an emergency rulemaking to implement interim provisions of SB 4. Public Resources Code section 3161, part of SB 4, provides for an interim grace period from the permitting requirement...more

House Passes Bill Accelerating Oil and Gas Permits and Federal Lease Sales; White House Threatens Veto

On November 20, 2013, the U.S. House of Representatives passed H.R. 1965 (“Federal Lands Jobs and Energy Security Act”) by a vote of 228 to 192. H.R. 1965 is primarily aimed at accelerating the oil and gas permitting process....more

California Proposes New Regulations on Hydraulic Fracturing Operations

California has recently issued proposed regulations that will significantly impact oil and gas extraction in the State. Oil and gas producers that use well stimulation techniques, including hydraulic fracturing (HF), should...more

EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells

The Pennsylvania Environmental Quality Board (“EQB”) published its proposal to substantially increase the permit fees for “unconventional wells” in the PA Bulletin on September 14, 2013. The current average permit fee for...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

The Shale Play Today - September 2013

In This Issue: - Deeper Resources: Rotruck Joins Spilman - EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells - Oil & Gas Lessees Retain Important Rights in W.Va. - Pa. Shale Industry...more

It's Said and Done -- Governor Brown Signs SB 4 into Law

On Friday, September 20, 2013, just days after indicating his support for the bill, Governor Jerry Brown signed SB 4, which establishes a permitting system for the fracking of new oil and gas wells. The Department of...more

California Regulators Examine Offshore Fracking

Regulators from the California Coastal Commission have opened an investigation into hydraulic fracturing after a recent Associated Press report that the practice has occurred offshore for the past two decades....more

DOE Conditionally Approves Lake Charles Terminal LNG Exports to Non-Free Trade Agreement Nations

On August 7, 2013, the U.S. Department of Energy, Office of Fossil Energy (DOE/FE) issued an Order Conditionally Granting Long-Term Multi-Contract Authorization to Export Liquefied Natural Gas by Vessel from the Lake Charles...more

New Colorado Oil and Gas Conservation Commission Setback Rules Likely to Increase Backlog of Permit Applications

On August 1, 2013, the Colorado Oil and Gas Conservation Commission adopted new setback regulations that threaten to increase the backlog of permit applications at the Commission....more

The Shale Play Today - July 2013

In This Issue: - Legislative Update: Pa. Passes Oil & Gas Lease Act: On July 9, 2013, Governor Corbett signed the Oil and Gas Lease Act, Senate Bill No. 259 of 2013 (the"Act"), which amends Pennsylvania's...more

The Alaska Constitution and Alaska Oil and Gas Projects

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

Further Changes to NSW Coal Seam Gas Laws

On Tuesday 19 February 2013, the New South Wales (NSW) Government announced a high level package of reforms to coal seam gas (CSG) regulation in NSW. Included in the package endorsed by Cabinet: - the role of the...more

WVDEP Hires New Oil and Gas Employees

One of the provisions of the West Virginia Horizontal Well Control Act passed in December 2011 increased the permit fees for horizontal wells from $400 to $10,000. At the time this legislation was under consideration, West...more

Pennsylvania Legislature Considers Amendments to the Dormant Oil and Gas Act

Proposed changes to Pennsylvania’s Dormant Oil and Gas Act may lead to disputes over the validity of existing oil and gas leases. In Pennsylvania, it has been long understood that the oil and gas subsurface estate may be...more

Discharge of Drilling Waste in Ohio Triggers Civil and Criminal Enforcement Actions; Heightens Scrutiny of State Regulatory...

A release of approximately 40,000 gallons of oil and gas operations waste into a Youngstown, Ohio area storm drain flowing into the Mahoning River is igniting a call for tighter regulatory oversight and more transparent...more

Pennsylvania DEP Issues Revised Air Quality General Permit for Oil & Gas Operations

On January 31, the Pennsylvania Department of Environmental Protection (PADEP) finalized revisions to its “GP-5” air quality general permit, which include significantly reduced allowable emission limits. According to PADEP,...more

Ohio Supreme Court: Oil and Gas Commission Cannot Review DNR Permit Decisions

Yesterday the Ohio Supreme Court, in a 5-2 decision, ruled that the state’s Oil and Gas Commission lacks jurisdiction to hear appeals of drilling permits issued by the Ohio Department of Natural Resources (DNR)....more

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

Developing Geothermal Power Generation Facilities in Arizona: "How Many Permits?"

The development of Arizona's geothermal energy resources has the potential to provide industrial and commercial projects with a constant, renewable source of electrical power. Research conducted to date demonstrates some...more

Hydraulic Fracturing News Flash: December 2012 - California’s Proposal to Regulate Hydraulic Fracking

On December 18, 2012, California’s Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) released its long-awaited draft of hydraulic fracturing regulations (Fracking Regulations). The...more

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