Underground Injection Wells Fracking

News & Analysis as of

Hydraulic Fracturing: State Regulatory Roundup Vol. 48

Fracking Insider Readers: We are pleased to bring you Volume 48 of our State Regulatory Roundup, including updates in California, Colorado, and Kansas. As we explained in earlier volumes, we designed the Roundup to provide...more

The Future of Carbon Dioxide Injection EOR in the United States

What is EOR and where is it used in the United States? (This article is the first in a periodic series exploring legal issues relating to CO2 enhanced oil recovery and serves as an introduction to the process. Our next...more

BLM Has No Authority To Regulate Fracking, At Least For Now

Yesterday, Judge Scott Skavdahl of the District of Wyoming held that the Bureau of Land Management did not have authority to regulate the environmental impacts of fracking. I think Judge Skavdahl probably got it right, but I...more

Environmental Groups File Suit Seeking Revision of E&P Waste Regulations

On May 4, 2016, the Environmental Integrity Project (EIP), National Resources Defense Council (NRDC); Earthworks; Center for Health, Environment and Justice; and three other environmental groups (hereinafter collectively...more

Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the...more

Options to Help Oklahoma Alleviate Its Emerging Oilfield Water Crisis

The Oklahoma Corporation Commission has restricted injection well activity over a combined zone of nearly 10,000 square miles—approximately the size of Massachusetts (Exhibit 1). In Central Oklahoma, the OCC seeks to reduce...more

Sierra Club Sues Over Oklahoma Earthquakes

The Sierra Club has filed suit against three oil and gas companies operating in Oklahoma, alleging that the companies’ wastewater injection practices were behind the recent uptick in earthquake activity in the state. The...more

Sierra Club Issues Notice of Intent to Sue over Frackquakes in Oklahoma

On Monday, November 2, the Sierra Club issued a Notice of Intent to Sue (“Notice”) four oil companies, alleging ongoing violations of the Resource Conservation and Recovery Act (“RCRA”). Specifically, the Notice states that...more

Fracking-Related Earthquake Litigation Gains Momentum

On June 30, 2015, the Oklahoma Supreme Court issued a decision that opened the courthouse doors to lawsuits for property damage and personal injuries caused by earthquakes purportedly related to fracking activities. See Ladra...more

Oh My! Oklahoma Court Allows Earthquake Case to Proceed

What should we make of the Oklahoma Supreme Court’s order sending a suit alleging injuries from an earthquake back to the trial court for further action?  Did the court unleash the lions, tigers and bears of the litigation...more

Texas Railroad Commission Finds Earthquakes in North Texas Not Caused by Drilling Operations

Update: On September 10, the Texas Railroad Commission concluded that these small earthquakes that occurred near Azle, Texas likely were not caused by drilling operations conducted by EnerVest Operating LLC. The Texas...more

Second Railroad Commission Decision Agrees Injection Well Not Likely Contributor to Earthquakes

Texas Railroad Commission examiners have determined that a well operated by EnerVest Operating LLC likely did not contribute to a series of earthquakes in the state, mirroring a similar determination made on August 31 in a...more

Texas Wastewater Injection Wells Off the Hook for Causing Earthquakes

On September 10, the Texas Railroad Commission absolved a second oil and gas company of causing a series of earthquakes in northern Texas finding that the seismic activity was due to “natural tectonic processes.” The...more

Railroad Commission Examiners Find Injection Well Not Likely Contributor to Earthquakes

The controversy around whether wastewater injection wells cause earthquakes was finally put to legal scrutiny in a recent proceeding before administrative hearing examiners (Examiners) with the Texas Railroad Commission,...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 44

Fracking Insider Readers: We are pleased to bring you Volume 44 of our State Regulatory Roundup, including updates in California, Louisiana, and Maryland. As we explained in earlier volumes, we designed the Roundup to provide...more

Increased Earthquake Activity Prompts Oklahoma to Reduce Wastewater Injection Rates in Limited Number of Wells

Regulators in Oklahoma have issued new restrictions on underground injection control wells in the vicinity of the Arbuckle formation – a 122 square mile area that recently experienced a cluster of minor earthquake activity,...more

Energy Insights: An Update from the Second Quarter of 2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q2 2015 for the energy industry including court protection for companies using hydraulic...more

Oklahoma Supreme Court Finds Subject Matter Jurisdiction Over Earthquake Claims

Potentially opening the door for litigation that seeks to tie deep-well injection of hydraulic fracturing flowback and other wastewater to damage caused by earthquakes, the Oklahoma Supreme Court unanimously held that state...more

Fate of Injection Wells in Historically Exempt Aquifers Comes Closer to Determination

A lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California took a positive turn for energy producers last week as Superior Court Judge George C. Hernandez denied plaintiffs’...more

Texas Operator Pushes Back on Seismic Claims at Railroad Commission Hearing

Earlier this week, the Texas Railroad Commission held its first “show cause” hearing under the rule amendments adopted last October to address issues related to disposal wells located in potential high-risk seismic areas....more

EPA report finds no evidence that hydraulic fracturing causes widespread impacts on drinking water

This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US and internationally. The US...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 42

Fracking Insider Readers: We are pleased to bring you Volume 42 of our State Regulatory Roundup, including updates in Maryland, Texas, and Wyoming. As we explained in earlier volumes, we designed the Roundup to provide quick...more

Environmental Alert: "Potential Seismic Activity from Injection Wells Prompts Railroad Commission of Texas to Order Hearings"

On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in...more

BLM Announces New Hydraulic Fracturing Rules for Oil and Gas Wells on Federal Lands; Industry Trade Associations and the State of...

On March 26, 2015, the U.S. Interior Department's Bureau of Land Management (BLM) published its final rule setting new standards for hydraulic fracturing on onshore federal and Indian lands. The final rule, as published in...more

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

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