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Two State Senators Try Enacting a Fracking Moratorium in California: What Are the Chances When the Last Effort Recently Failed?

The California Assemblymembers who sought a moratorium on all well stimulation activities early last year (vis-à-vis failed bills AB 1301, AB 1323, and AB 649) are seeking yet another moratorium, this time by amending SB 4,...more

EPA Releases Final Guidance for Fracking Using Diesel Fuels

Last week, the US Environmental Protection Agency (EPA) issued final Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels under its Underground Injection Control (UIC) program. The final...more

Challenge Against DOGGR Can't Stand Under SB 4: Alameda County Judge Throws Out Environmental Suit

Environmental groups will have to wait to challenge hydraulic fracturing activities in the state of California until the Division of Oil, Gas, and Geothermal Resources (“DOGGR”) issues its permanent regulations in 2015. ...more

1/28/2014  /  CEQA , DOGGR , Fracking , Geothermal Energy

The Heat's Still On! - Offshore Operators Must Disclose Hydraulic Fracturing Fluid Chemicals

The Environmental Protection Agency (“EPA”) announced that starting on March 1, 2014, oil and gas operators performing offshore hydraulic fracturing operations must maintain an inventory of chemicals used to formulate frac...more

House Passes Legislation Which Would Prohibit Department of the Interior from Enforcing Federal Fracturing Regulations

On November 20, 2013, the House of Representatives passed H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, which was introduced by Representative Bill Flores (R-Texas)...more

Oil & Gas Law Alert: SB 4 Compliance Begins in December for January 2014 Well Stimulation Treatments

Yesterday, the Division of Oil, Gas, & Geothermal Resources ("DOGGR") released a Notice to Operators (the "Notice"), clarifying that some notification aspects of SB 4 will require compliance as early as the beginning of...more

Get Ready: SB 4 Compliance Begins Next Month!

Today, the Division of Oil, Gas, & Geothermal Resources ("DOGGR") released a Notice to Operators (the “Notice”), clarifying that some notification aspects of SB 4 will require compliance as early as the beginning of December...more

11/21/2013  /  Compliance , DOGGR , Energy Sector , Fracking , Oil & Gas

House of Representatives to Consider Legislation Relating to Hydraulic Fracturing

The House of Representatives plans to consider two bills relating to hydraulic fracturing next week. The first of the two, H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, was introduced by...more

California Department of Conservation Publishes Notice of Proposed Regulations for Well Stimulation

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

The Real Cost of Doing Business - Fracking Industry May Feel a Big Hit from OSHA's Proposed Silica Exposure Rule

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

The Heat is On! - Offshore Fracking Activities Drawing Significant Opposition

Opposition is heating up against four offshore frac jobs permitted to occur off the Santa Barbara coastline. This year, the Bureau of Safety and Environmental Enforcement (“BSEE”) has permitted DCOR, LLC to utilize fracking...more

Potential Legal Challenges Likely to California's New Fracking Law

California Governor Jerry Brown signed SB 4 on Friday, September 20, 2013, establishing a permitting system for fracking of oil and gas wells. (See September 23, 2013 post.) The state, through the Department of Conservation,...more

9/30/2013  /  DOGGR , Fracking , Jerry Brown , Oil & Gas

It's Said and Done -- Governor Brown Signs SB 4 into Law

On Friday, September 20, 2013, just days after indicating his support for the bill, Governor Jerry Brown signed SB 4, which establishes a permitting system for the fracking of new oil and gas wells. The Department of...more

Assembly Passes Fracking Bill

Today the California Assembly passed a controversial bill regulating hydraulic fracturing, SB 4. The bill has been criticized by both industry groups and environmental organizations. Industry argues that the bill is...more

Judge Upholds DOGGR's Application of UIC Fracking Exemption

Last week, a judge in Alameda County Superior Court denied the Center for Biological Diversity’s motion for summary judgment in a case arguing that DOGGR is obligated to regulate hydraulic fracturing activities under the...more

OSHA Proposes Silica Rule Affecting Fracking Workers

Last week, the Occupational Safety and Health Administration (OSHA) proposed a rule to decrease the permissible exposure limits (PELs) for crystalline silica. OSHA indicated that the inhalation of silica dust can increase...more

Assembly Committee Advances Fracking Bill to the Floor

At the end of last week, the Assembly Committee on Appropriations advanced the remaining bill regarding hydraulic fracturing, SB 4, to the Assembly Floor. After delaying the first scheduled vote on the bill, Appropriations...more

BLM Announces an Environmental Assessment to Address Fracking in California

Last week, the Bureau of Land Management (BLM) issued a notice of intent to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) to address hydraulic fracturing on federal lands...more

DOGGR Delays Release of Draft Fracking Rules Pending Possible Instruction from Lawmakers

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

House Committee Advances Bill to Override BLM Fracking Regulations in Favor of State Rules

Last Week, the U.S. House of Representatives’ Natural Resources Committee advanced a bill that would require the Department of Interior (DOI) to defer to state rules regulating hydraulic fracturing on federal lands. HR 2728,...more

DOE Study Finds Fracking Does Not Contaminate Drinking Water Sources in Marcellus Shale

Last week, the U.S. Department of Energy (DOE) told The Associated Press that the preliminary results of its study indicated that that fracking chemicals did not reach drinking water sources at a well site in the Marcellus...more

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