News & Analysis as of

Wastewater Underground Injection Wells

BakerHostetler

The Seven-Year Saga of Monterey County’s Measure Z Comes to a Close

BakerHostetler on

In 2016, through a voter initiative called Measure Z, the people of Monterey County, California, enacted a ban on two features of oil and gas operations. One was a ban on injecting or impounding wastewater from operations....more

Gray Reed

What’s Up With Those West Texas Earthquakes?

Gray Reed on

If you dispose of produced water you are no-doubt aware of the intensive earthquakes being observed across the Midland and Delaware Basins. In West Texas Earthquake Observations, Implications for the Oil and Gas Industry,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

UIC/SSO Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Salesville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Salesville, Arkansas, (“Salesville”) entered into an April 22nd Consent Administrative Order (“CAO”) addressing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

UIC/Wastewater Enforcement: Arkansas Department of Energy and Environment and City of Bethel Heights Enter into Consent...

The Arkansas Division of Environmental Quality (“DEQ”) and the City of Bethel Heights, Arkansas (“Bethel Heights”) entered into an October 16th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

UIC/Wastewater Enforcement: Bethel Heights, Arkansas Response to Arkansas Department of Environment and Energy Notice of Violation

The City of Bethel Heights, Arkansas (“Bethel Heights”) filed a Response September 4th to the Notice of Violation (“NOV”) of the Arkansas Department of Environment and Energy previously filed. The NOV addressed alleged...more

Holland & Knight LLP

EPA to Hold Public Meeting on its Study of Oil and Gas Extraction Wastewater Management

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) has been studying holistically the management of wastewater generated from onshore unconventional oil and gas extraction, also known as "fracking." This study is a result of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Cleburne County, Arkansas Wastewater...

The Arkansas Department of Environmental Quality (“ADEQ”) and WR Holding Co, LLC (“WR”) entered into a March 26th Consent Administrative Order (“CAO”) addressing an alleged violation of a No-Discharge Permit (“Permit”). See...more

Sheppard Mullin Richter & Hampton LLP

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Holland & Knight LLP

EPA Seeks Comment on ‘‘Discharges of Pollutants’’ via a Direct Hydrologic Connection to Surface Water

Holland & Knight LLP on

On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Boone County, Arkansas School...

The Arkansas Department of Environmental Quality (“ADEQ”) and Bergman Public Schools (“Bergman”) entered into a January 19th Consent Administrative Order (“CAO”) to address alleged violations of Arkansas Pollution Control and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

Gray Reed

A Development in Earthquakes and Fracking

Gray Reed 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

Pillsbury - Gravel2Gavel Construction & Real...

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

Stoel Rives - Environmental Law Blog

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

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

Stoel Rives - Environmental Law Blog

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

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

Stoel Rives - Environmental Law Blog

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

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

Stoel Rives - Environmental Law Blog

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

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

Saul Ewing Arnstein & Lehr LLP

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

BakerHostetler

Options to Help Oklahoma Alleviate Its Emerging Oilfield Water Crisis

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

Kelley Drye & Warren LLP

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

Allen Matkins

California Environmental Law & Policy Update - October 2015 #3

Allen Matkins on

Environmental and Policy Focus - CalPERS set to divest from thermal-coal companies: Los Angeles Times - Oct 18: The California Public Employees' Retirement System (CalPERS) Investment Committee will have a new task at...more

Gray Reed

Oh My! Oklahoma Court Allows Earthquake Case to Proceed

Gray Reed on

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

Baker Donelson

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

Baker Donelson on

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

BakerHostetler

Texas Wastewater Injection Wells Off the Hook for Causing Earthquakes

BakerHostetler on

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

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