News & Analysis as of September 21, 2024

Underground Injection Wells

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Fracking is a non-technical term for Hydraulic Fracturing. Fracking or Hydraulic Fracturing is a method for retrieving, otherwise inaccessible, natural gas and petroleum by injecting pressurized fluid and chemicals into underground rock causing fissures. The fissures widen and expand allowing petroleum and gas to escape and flow to areas where it can be retrieved. less -

What’s Up With Those West Texas Earthquakes?

Gray Reed on 2/17/2022

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

Currents - Energy Industry Insights - December 2018 #3

Spilman Thomas & Battle, PLLC on 12/22/2018

Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more

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

Holland & Knight LLP on 8/28/2018

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

Draft Regulations Issued That Could Ban High-Volume Hydraulic Fracturing in the Delaware River Basindrill

Ballard Spahr LLP on 12/4/2017

In draft rules issued last week, the Delaware River Basin Commission (DRBC) proposed to ban high-volume hydraulic fracturing (the practice known as fracking) for the extraction of oil and natural gas in the Delaware River...more

North Dakota’s UIC Class VI Primacy Wait is Almost Over

Stoel Rives LLP on 5/23/2017

The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

A Development in Earthquakes and Fracking

Gray Reed on 4/27/2017

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

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

Stoel Rives - Environmental Law Blog on 3/22/2017

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

Hydraulic Fracturing: State Regulatory Roundup Vol. 48

Kelley Drye & Warren LLP on 8/17/2016

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

Pillsbury Winthrop Shaw Pittman LLP on 7/19/2016

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

Foley Hoag LLP - Environmental Law on 6/22/2016

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

Jackson Walker on 5/31/2016

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

Saul Ewing Arnstein & Lehr LLP on 4/4/2016

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

BakerHostetler on 3/23/2016

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

Kelley Drye & Warren LLP on 2/22/2016

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

Stoel Rives LLP on 11/6/2015

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

Oh My! Oklahoma Court Allows Earthquake Case to Proceed

Gray Reed on 10/23/2015

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

Baker Donelson on 9/28/2015

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

Kelley Drye & Warren LLP on 9/17/2015

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

BakerHostetler on 9/16/2015

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

Kelley Drye & Warren LLP on 9/9/2015

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

Kelley Drye & Warren LLP on 8/19/2015

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

BakerHostetler on 8/13/2015

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

Seyfarth Shaw LLP on 8/10/2015

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

Beveridge & Diamond PC on 8/6/2015

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

Stoel Rives LLP on 7/28/2015

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

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