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Southern California Environmental Update #2

This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback....more

Industry Groups Push Back Against Environmental Activists in Suit Over Oil & Gas Waste Disposal Regs.

As we discussed earlier, environmental activists have asked the Environmental Protection Agency (“EPA”) to update its oil and gas drilling waste disposal rules under the Resource Conservation and Recovery Act (“RCRA”). The...more

The Other Shoe Just Dropped on Methane Emissions from the Oil and Gas Industry

Not to be outdone by its federal counter-parts, the California Air Resources Board (“ARB”) released Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“proposed rule”) for methane emissions on...more

Southern California Environmental Update #1

This is the first update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin l Valley. Let us know what you think. Your comments on this Update will...more

EPA Issues Expansive, Costly New Source Performance Standards for Oil and Gas Sector

Widely anticipated on both sides of the aisle, on May 12, 2016, the U.S. Environmental Protection Agency (“EPA”) released final regulations to curb emissions of methane and volatile organic compounds (“VOC”) from additional...more

Environmentalists Sue EPA to Force Update of Drilling Waste Regulations

On May 4, 2016, a coalition of environmental organizations (“Plaintiffs”) filed suit against the U.S. Environmental Protection (“EPA”) in U.S. District Court for the District of Columbia to compel the EPA to promulgate...more

Financial Assurance Requirements are on the Horizon for Hard Rock Miners

On January 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (“EPA”) to finalize the long-awaited “financial assurance” regulations under section 108(b) of...more

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

Miners and States take Notice, the EPA is Updating its CERCLA Financial Responsibility Requirements

The U.S. Environmental Protection Agency (“EPA”) has recently announced that it would take steps to finalize rules establishing financial responsibility requirements for hard rock mines under section 108(b) of the...more

Activists Threaten to Sue if EPA doesn’t Update RCRA Regs to Cover Oil & Gas Industry

On Wednesday, August 26, a coalition of environmental groups threatened to sue the U.S. Environmental Protection Agency (“EPA”) if the regulations under the Resource Conservation and Recovery Act (“RCRA”) are not updated to...more

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified...more

U.S. EPA Proposes New Rules to Curb Methane Emissions from Oil and Gas Sector

On August 18, 2015, the U.S. Environmental Protection Agency released proposed regulations aimed at cutting greenhouse gas emissions and volatile organic compounds (VOCs) from oil and gas facilities. These first-ever proposed...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

Ninth Circuit expands bases to avoid direct industry payment of Clean Air Act “Nonattainment Fees” — adds San Joaquin Valley...

The Ninth Circuit Court of Appeals capped a saga of over seven years on June 18 by extending its March 11, 2015 ruling in support of alternatives to imposing hefty fees on individual companies which have complied with the...more

EPA Finds No Systemic Threat to Drinking Water from Fracking

On Thursday, the Environmental Protection Agency (“EPA”) released a long awaited, and congressionally mandated, study detailing the relationship between hydraulic fracturing and drinking water. The EPA found no signs of...more

Letter Urges Oil & Gas Wastewater Well Shut-Ins due to Risk of Groundwater Contamination; Regulators Stick to Rulemaking

On March 20, Senator Fran Pavley (D-Agoura Hills) wrote a letter to Governor Jerry Brown requesting that his administration immediately shut down approximately 2,500 underground injection wells. The letter was signed by...more

USEPA Releases Proposed Rule on Fracking Wastewater Treatment; Says There Will be No Costs to Industry

On Tuesday, April 7, the U.S. Environmental Protection Agency (“USEPA”) published a proposed rule in the Federal Register for regulation of wastewater from unconventional oil and gas operations (“UOG”), which includes...more

Oil & Gas Wastewater Injection Wells Closed Down as a Precautionary Measure to Ensure Drinking Water Protection

On Tuesday, March 3, twelve underground injection control (“UIC”) wells in California’s Central Valley, specifically in Kern County, were shut down in order to protect subsurface drinking water from potential contamination. ...more

Proposed Assembly Bill 356 Would Require Additional Groundwater Monitoring by Oil & Gas Operators

California Assemblymember Das Williams (D-Carpinteria) has introduced an oil and gas bill to ensure that the state comes into compliance with the Class II underground injection (“UIC”) requirements under the federal Safe...more

DOGGR Letter to USEPA Proposes Rulemaking to Eliminate Oil and Gas Well Injection into Non-exempt Aquifers

On Friday, February 6, California’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”) published a letter to the US Environmental Protection Agency (“USEPA”) addressing issues with California’s Class II Oil and Gas...more

Federal Regulation of Hydraulic Fracturing Spurned by Senate

On Wednesday, January 28, the Senate voted against Amendment 48 which would allow the federal Environmental Protection Agency (“EPA”) to regulate hydraulic fracturing (“fracking”) on state and private lands. The measure was...more

EPA Announces Plan for Rulemaking to Reduce Methane Emissions from the Oil and Gas Industry

Today, the Environmental Protection Agency (“EPA”) announced a new goal to cut methane emissions from the oil and gas industry. The EPA’s goal is to reduce methane emissions from the oil and gas sector by 40-45% from 2012...more

DOGGR to Review Well Stimulation Regulations to Ensure Compliance with Safe Drinking Water Act

On Friday, July 18, 2014, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources (“DOGGR”) announced that it will review California’s Underground Injection Control (“UIC”) Program to ensure compliance...more

EPA Delays Potential Fracking Chemical Disclosure Mandates

On Friday, July 11, 2014 the U.S. Environmental Protection Agency (“USEPA”) extended the public comment period for its advanced notice of proposed rulemaking (“ANPR”) for hydraulic fracturing chemical disclosure rules. The...more

Study Suggests EPA Underestimated Natural Gas Methane Emissions, But Not for Fracking, and EPA Releases Study Examining Fracking...

In several recent studies on methane emissions relating to the natural gas industry, scientists concluded that the U.S. Environmental Protection Agency (EPA) underestimated the quantity of methane the industry releases to the...more

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