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The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more
In a 38-page opinion filed on May 16, and belatedly ordered published on June 14, 2019, the Third District Court of Appeal affirmed the trial court’s judgment rejecting all of plaintiff/appellant Center for Biological...more
In a detailed opinion, U.S. District Court Judge James O. Browning of the District of New Mexico sided squarely with the Bureau of Land Management (BLM) and the oil and gas operators, represented by Holland & Hart’s...more
The Colorado legislature took an important step toward solidifying greater community-control leverage over fracking operations via HB18-1071, introduced by State Rep. Joe Salazar (D-Adams) in January 2018. The bill would...more
Virginia Agency Takes Unexpected Step that Could Delay Gas Pipeline Project - "The State Water Control Board approved permits for the $5 billion Atlantic Coast Pipeline, which is backed by Dominion Energy, but took the...more
On September 6, 2016, a federal Judge issued an Order finding that the U.S. Bureau of Land Management (“BLM”) failed to take a “hard look,” as required under the National Environmental Policy Act (“NEPA”), at the potential...more
Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more
The Bureau of Land Management (“BLM”) recently filed a Motion for Summary Judgment in a lawsuit brought by a coalition of environmental activists who have challenged the BLM’s Resource Management Plan (“RMP”) for public lands...more
Environmental and Policy Focus: Coastkeeper's suit against water agency dismissed - San Diego Union-Tribune - Jul 31: A San Diego superior court judge ruled against an environmental group on July 30, rejecting its...more
Today, July 30, the Center for Biological Diversity (“CBD”) filed a complaint in Sacramento County Superior Court against the Division of Oil, Gas & Geothermal Resources (“DOGGR”). CBD claims, among other things, that DOGGR...more
Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more
Environmental and Policy Focus - California Approves Drought Curb on Sacramento River Flows - Sacramento Bee - Jul 8: California regulators gave final approval on Tuesday to a controversial drought plan to restrict the...more
Yesterday, July 1, 2015, pursuant to Senate Bill 4 (“SB 4”) the State Oil & Gas Supervisor Steven Bohlen, head of the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”), certified a Final...more
The clamor over hydraulic fracturing continued Wednesday as environmental activists filed another lawsuit to limit oil and gas development in California. The lawsuit, filed by Earthjustice on behalf of the Center for...more
On January 14, 2015, the State of California released two anticipated studies concerning hydraulic fracturing, also known as “fracking,” in California pursuant to Senate Bill 4 (SB 4) enacted in 2013. The California Natural...more
Today saw two significant developments for oil and gas operators utilizing well stimulation treatments in California. Pursuant to SB 4, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources...more
The California Department of Conservation, Division of Oil, Gas and Geothermal Resources recently issued a “final” set of rules for regulating hydraulic fracturing in California that replace the interim rules that have been...more
Environmental and Policy Focus - Appellate court upholds environmental work for high-speed rail via Pacheco Pass: Fresno Bee - Jul 24 -- State appeals justices on Thursday upheld a lower court's approval of an...more
Environmental and Policy Focus - Richmond approves massive Chevron refinery project with $90 million in community benefits: Contra Costa Times - Jul 30: Chevron's five year-plus quest to initiate a $1 billion upgrade...more
A recent agreement between environmentalists and the Bureau of Land Management (BLM) may open the floodgates to challenges of the sufficiency of Environmental Assessments (EA) or Environmental Impact Statements (EIS) for oil...more
On November 15, 2013, the California Department of Conservation (“DOC”) published the notice of proposed rulemaking action regarding draft regulations for well stimulation. These proposed regulations will implement SB 4,...more
In early September, OSHA issued a proposed rule that will limit permissible exposure to 50 micrograms of respirable crystalline silica per cubic meter of air. (See September 9, 2013 post.) This is approximately half of the...more
Environmental and Policy Focus: Supreme Court to Hear Challenge to EPA Rules on Gas Emissions - New York Times - Oct 18: The Supreme Court on Tuesday agreed to hear a major case challenging Environmental Protection...more
Eighteen environmental organizations – lead by the Sierra Club – are claiming that the Bureau of Land Management (“BLM”) will violate the National Environmental Policy Act (“NEPA”) if it finalizes its proposed rulemaking...more
At a conference in Los Angeles at the end of July, the chair of the State Water Resources Control Board (SWRCB), Felicia Marcus, noted that the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources...more