News & Analysis as of

Underground Injection Wells

A Development in Earthquakes and Fracking

by Gray Reed & McGraw on

Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more

Leave It to the States: Oklahoma Federal Court Dismisses Fracking Suit In Favor Of Administrative Regulation

by Liskow & Lewis on

On April 4, 2017, a federal district court dismissed a citizen-enforcement action under the Resource Conservation and Recovery Act that could have profound impact on fracking suits against the oil and gas industry. In...more

District Court Invokes Burford Abstention and Primary Jurisdiction Doctrines to Dismiss RCRA Citizen Suit

The U.S. District Court for the Western District of Oklahoma has dismissed the Sierra Club’s Resource Conservation and Recovery Act (RCRA) citizen suit, filed against several oil and gas producers seeking declaratory and...more

Kern County Judge Grants Injunction, Blocking Blanket Enforcement of Oil Field Aquifer Exemption Regulations

by Stoel Rives LLP on

A reported in a prior blog post, the Western States Petroleum Association (“WSPA”) sued the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (jointly, the “Department”) in Kern...more

Oil & Gas Law Alert: California Department of Conservation Issues Discussion Draft Rules for Oil Field Wastewater Injection

by Stoel Rives LLP on

On January 21, 2017 the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Pre-rulemaking Public Comment Period for the development of updates to the regulations...more

80% of Oil and Gas Injection Wells under EPA Review Will Not be Shut-In on February 15 - Update

by Stoel Rives LLP on

As an update to our prior blog post, on January 17, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) released a letter sent to notify the U.S. Environmental Protection Agency (“EPA”) of...more

Oil Industry Caught in “Catch-22” with New Wastewater Injection Approval Requirements; Files Suit Against California Agencies

by Stoel Rives LLP on

On January 19, 2017, three oil industry trade groups filed suit against the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (“DOGGR”) (jointly “Department”) in Kern County Superior...more

80% of Oil and Gas Injection Wells under EPA Review Will Not be Shut-In on February 15

by Stoel Rives LLP on

As an update to our prior blog post, on January 17, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) released a letter sent to notify the U.S. Environmental Protection Agency (“EPA”) of...more

With Time Running Out for EPA to Act, Oil & Gas Operators Grow Increasingly Anxious about Pending Aquifer Exemption Applications

by Stoel Rives LLP on

December 31, 2016 marked a deadline for oilfield operators to comply with the Division of Oil, Gas and Geothermal Resources’ (“DOGGR”) Aquifer Exemption and Compliance Schedule Regulations. Operators were required to either...more

Final D.C. Groundwater Well Requirements Will Impact Many Property Owners

by Holland & Knight LLP on

The District of Columbia Department of Energy and Environment (DOEE) on Oct. 28, 2016, published final rules governing the construction, maintenance and abandonment of wells. The new regulations became effective immediately...more

Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

by Stoel Rives LLP on

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 48

by Kelley Drye & Warren LLP on

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

California Environmental Law & Policy Update - August 2016

by Allen Matkins on

Environmental and Policy Focus - BNSF to appeal ruling blocking California rail yard - Wall Street Journal - Aug 2 - BNSF Railway Co. and the Port of Los Angeles on Tuesday appealed a court ruling against...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

Does California Bear A Water “Windfall” From Deep-Aquifer Sources?

by Stoel Rives LLP on

Stanford University released a study this week stating that California has three times more useable groundwater located in deep aquifers than previously estimated. This might come as welcome news to a state that continues to...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

Updated Status of Oil-and Gas-Related Bills Proposed in California’s 2015-2016 Legislative Session

by Stoel Rives LLP on

June 3, 2016 was the final deadline for oil- and gas-related bills introduced in the 2015-2016 legislative session to move through their house of origin. Below is a summary of those bills, many of which relate to natural gas...more

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

by Jackson Walker on

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

Pennsylvania Independent Regulatory Review Commission Approves Oil and Gas Rulemaking

by Pepper Hamilton LLP on

The purpose of the rulemaking is to modify and update existing requirements related to surface activities associated with the development of conventional and unconventional oil and gas wells....more

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

by Saul Ewing LLP on

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

by BakerHostetler on

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

by Kelley Drye & Warren LLP on

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

EQT Wins a Temporary Victory, but the Future of Oil and Gas Operations in Fayette County, West Virginia, Is Still Undecided

by BakerHostetler on

EQT Corp. won a temporary victory in its continuing effort to defend against the potential shutdown of its 200 oil and gas wells and one wastewater injection well in Fayette County, West Virginia, after the District Court for...more

UPDATE: Texas RRC Agrees Earthquakes Not Caused by EnerVest, XTO Injection Wells

by Kelley Drye & Warren LLP on

In a November 3 decision, the Texas Railroad Commission (RRC) agreed with an administrative law judge (ALJ) that two wastewater injection wells, one operated by EnerVest Operating LLC and the other by Exxon Mobil Corp....more

Do You Dare to Flare? A North Dakota Field Office Provides a View Into the Federal Regulatory Future

by BakerHostetler on

While high-profile regulatory efforts focused on hydraulic fracturing, waters of the United States, sage grouse, and greenhouse gas emissions have grabbed media headlines over the last several months, a potent stew of...more

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