News & Analysis as of

Wastewater Oil & Gas

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Oliva Gibbs

Making a splash in the courts: The Cactus decision

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In a landmark decision, the Supreme Court of Texas held in Cactus Water Services, LLC v. COG Operating, LLC, that produced water belongs to the operator. When presented with a case where both the operator and a third party...more

McGinnis Lochridge

Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?

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When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles....more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

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In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Gray Reed

Texas Court Extends Statutory Waste Provisions to Disposal Wells

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We begin with a word from your sponsor. After enduring several generative AI tutorials, we urge you to keep on reading Energy and the Law. Why? Our blog is more accurate, at least a little “fun”, offers insightful musical...more

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

Citizen Suit Actions/Clean Water Act: Environmental Integrity Project Files Lawsuits Against Two Louisiana Petroleum Coke Plants

The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more

Allen Matkins

California Environmental Law & Policy Update 11.15.24

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One of the Bay Area’s largest reservoirs is about to get bigger thanks to a partnership between local water agencies and the federal government. The San Luis Reservoir Dam, between Los Banos and Gilroy, will be raised 10 feet...more

Allen Matkins

California Environmental Law & Policy Update 10.11.24

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At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

Allen Matkins

California Environmental Law & Policy Update 9.13.24

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Federal officials announced on Wednesday that the U.S. Environmental Protection Agency (EPA) has approved a three-year-old rule — known as the Warehouse Indirect Source Rule (Rule) — targeting air pollution linked to Southern...more

Oliva Gibbs

(Injection Well) Pressure Mounts as Omni Energy Group, LLC, Gets Another Chance

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As oil and natural gas are produced, brine and other wastewater are brought to the surface.  This waste is then disposed of by Class II injection wells, categorized into three subclasses: saltwater disposal wells, enhanced...more

Allen Matkins

California Environmental Law & Policy Update 5.31.24

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The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Stinson LLP

EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

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On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more

BakerHostetler

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

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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

Allen Matkins

California Environmental Law & Policy Update - August 2022 #2

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Governor Newsom calls for boosting water supply projects to curb California drought and climate change - The Vacaville Reporter – August 11 Governor Gavin Newsom released a broad plan on August 11 seeking to expand...more

Cozen O'Connor

Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit

Cozen O'Connor on

In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations...more

Gray Reed

What’s Up With Those West Texas Earthquakes?

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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

Allen Matkins

California Environmental Law & Policy Update - February 2022

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EPA to bring back mercury pollution rules rolled back under Trump administration - CNN – January 31 - The U.S. Environmental Protection Agency (EPA) announced on Monday that it intends to restore the 2012 Mercury and...more

Allen Matkins

California Environmental Law & Policy Update - October 2021

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U.S. to resume enforcement of unlawful bird deaths by industry - Associated Press – September 29 - The Biden administration said Wednesday that it will draft rules under the Migratory Bird Treaty Act over the next...more

White & Case LLP

EPA Approves Texas NPDES Oil and Gas Program Authorization

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On January 15, 2021, the US Environmental Protection Agency (the EPA) announced that it approved an application from the State of Texas to administer the National Pollutant Discharge Elimination System (NPDES) program for...more

Bracewell LLP

EPA Approved Texas NPDES Oil and Gas Program Authorization on January 15, 2021

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On January 15, 2021, Region 6 of the U.S. Environmental Protection Agency (“EPA”) approved the State of Texas’ October 12, 2020 submittal to the EPA requesting partial National Pollutant Discharge Elimination System (“NPDES”)...more

Allen Matkins

California Environmental Law & Policy Update - November 2020 #2

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U.S. Fish and Wildlife Service faces suit over removal of endangered species protections for gray wolves - Bullet The Hill – November 9 - Last Friday, a coalition of conservation groups filed a notice of intent to sue...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

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Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more

Troutman Pepper Locke

Revised Memorandum of Understanding Brings Further TCEQ Oversight to the Texas Oil Patch

Troutman Pepper Locke on

Background - In 1982 a Memorandum of Understanding (“MOU”) was crafted between the Texas Railroad Commission (“RRC”) and a predecessor to the Texas Commission on Environmental Quality (“TCEQ”) outlining the division of...more

Allen Matkins

California Environmental Law & Policy Update - March 2020

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California approves ambitious new plan to deal with climate change and sea-level rise - San Francisco Chronicle – February 26 - The state's Ocean Protection Council, the cabinet-level policy body within the California...more

Gray Reed

Produced Water in Texas … Who Owns It?

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As we welcome around 1,100 new Texans a day, water has become our most precious natural resource. According to the 2017 State Water Plan, Texas’ population is expected to increase more than 70 percent between 2020 and 2070,...more

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