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Shale & Fracking Tracker

News & Flashes

  • 19
  • December
  • 2012

California Releases "Discussion Draft" of New Hydraulic Fracturing Rules

On December 18, 2012, the California Department of Oil, Gas & Geothermal Resources (DOGGR) released a "discussion draft" of regulations for hydraulic fracturing in the State. Requirements of DOGGR's discussion draft include: advanced notice prior to drilling; monitoring both during and after hydraulic fracturing operations; and fluid disclosure requirements. The discussion draft is not a formally proposed rule and is intended only to guide discussions amongst stakeholders prior to DOGGR officially starting the rulemaking process sometime in early 2013. Read the discussion draft here.

  • 12
  • December
  • 2012

States Intend to Sue EPA to Curb Methane Emissions from Oil and Gas Sector

On December 11, 2012, New York, Connecticut, Delaware, Maryland, Rhode Island, Vermont, and Massachusetts issued a notice of intent to sue the EPA. The states claim EPA has failed to set performance standards and guidelines under the CAA that would curb emissions of methane from the oil and gas sector, including from well completion and hydraulic fracturing activities, despite data showing methane reduction measures are available and cost-effective. Read the notice of intent to sue here.

  • 19
  • October
  • 2012

Suit Filed in California to Prevent Permitting of Oil and Gas Operations

October 16th Earthjustice filed a lawsuit in Alameda County Superior against the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) alleging failure to consider or evaluate the risks of fracking, as required by the California Environmental Quality Act (CEQA). The suit was filed on behalf of the Center for Biological Diversity, Earthworks, Environmental Working Group, and Sierra Club. These groups are asking the court to declare that the DOGGR has violated the CEQA and asks that the DOGGR be enjoined from approving any new oil and gas well permits until they have completed an Environmental Impact Report (EIR) on the environmental and public health impacts of fracking. Read the complaint here.

  • 04
  • October
  • 2012

Recent New York State Court Decision Overturns Ban on Gas Exploration and Drilling In Binghamton, New York

State Supreme Court Justice Ferris Lebous' opinion invalidates a Local Law implemented in the City of Binghamton that prohibits gas drilling. The opinion notes the lack of evidence demonstrating a "dire need" that would warrant invocation of the City's police power to ban gas exploration. However, Lebous did follow recent New York decisions declining to find preemption of local government regulations banning drilling. Even so, this decision could suggest another avenue for petitioners seeking to overturn drilling bans. Read the opinion here.

  • 26
  • July
  • 2012

EPA Sampling Results Show Water Safe in Dimock, PA

EPA announced July 25, 2012 that it had completed its sampling of private drinking water wells in Dimock, PA and determined that no further action is required by the Agency. Read EPA's press release here.

  • 25
  • June
  • 2012

Indiana Develops New Hydraulic Fracturing Rules

Indiana has developed temporary new rules that govern hydraulic fracturing operations, the provisions of which will go into effect on July 1, 2012. The new rules require well operators to provide detailed information on the types and volumes of fluids and additives used for well enhancement. A link to a copy of the rules is provided here.

  • 22
  • June
  • 2012

Now Updated: V&E’s Comprehensive Hydraulic Fracturing Fluid Disclosure Requirements Chart

Vinson & Elkins' Shale & Fracking Practice Group has updated its comprehensive Hydraulic Fracturing Fluid Disclosure Requirements chart. The chart updates the hydraulic fracturing fluid disclosure laws for Ohio, Oklahoma, and Pennsylvania, and covers the Bureau of Land Management's proposed hydraulic fracturing fluid disclosure requirements for drilling on federal lands. You can view the disclosure chart here.

  • 25
  • May
  • 2012

Ohio Passes New Oil and Gas Statute

On May 24th, the Ohio legislature passed Senate Bill 315 (SB 315) which, among other things, revises Ohio's oil and gas statutes to address the horizontal drilling and fracking technologies currently in use in Ohio.  SB 315 now goes to Governor John Kasich for his signature. A prior V&E E-communication, available hereoutlines the most recent legislative and regulatory fracking developments in Ohio, including the changes then-proposed by SB 315.

  • 09
  • May
  • 2012

New and Expected State Fracking Rules and Bans in OH, CA, and VT

  • Ohio's Joint Committee on Agency Rule Review approved new rules on May 7 on well construction, permitting, and drilling that will take effect August 1.
  • California is also expected to propose new regulations on hydraulic fracturing and injection wells. The Department of Conservation released a "road mapon May 3 outlining its plan to review current regulations.
  • Finally, the Vermont legislature has passed the first of its kind state ban on hydraulic fracturing and the governor has said he will sign it. This action is largely symbolic given the lack of shale oil and gas in the state.

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