On July 24, 2012, the U.S. Department of the Interior announced that it will publish the Final Programmatic Environmental Impact Statement (“Solar PEIS”) for solar energy development in six southwestern states—Arizona, California, Colorado, Nevada, New Mexico, and Utah. The Solar PEIS is a major step ahead in the permitting of utility-scale solar energy
Energy
Report Highlights Weaknesses in EPA’s Fracking Study
The American Petroleum Institute (API) and America’s Natural Gas Alliance (ANGA) recently issued a report from Battelle Memorial Institute pointing out the weaknesses in U.S. EPA’s proposed study of hydraulic fracturing operations. For example: “Congress requested a study ‘relying on best available science and independent sources of information.’ It appears questionable, because of its genesis…
California Senate Committee Advances Bill for Fracking Moratorium Pending Further Regulation
The Senate Committee on Environmental Quality on July 3rd advanced a bill (AB 972) that would prohibit the State Oil and Gas Supervisor from approving the drilling of a fracking well until the Division of Oil, Gas and Geothermal Resources (DOGGR) adopts fracking regulations. Existing law requires a well operator to obtain approval…
D.C. Circuit Upholds EPA Greenhouse Gas Rules
Yesterday, the D.C. Circuit Court of Appeals issued a decision in Coalition for Responsible Regulation v. EPA, upholding the U.S. Environmental Protection Agency’s approach to the regulation of greenhouse gas (GHG) emissions against claims from a variety of interests. The opinion addressed challenges to three EPA rulemakings: (1) the agency’s “Endangerment Finding,” where it…
House Democrats Seek Tighter Regulation of Fracking on Federal Lands and BLM Extends its Comment Period
Describing the proposed BLM rule for fracking as “a good first step,” a group of 38 Democrats in the House of Representatives called for disclosure of fracking chemicals before drilling. The proposed regulations require disclosure of fracking chemicals only after the operation is complete. In a letter to the Department of the Interior, the lawmakers…
California Senate Votes Against Fracking Notification Bill
On Wednesday, the California Senate voted 17 to 18 against SB 1054, which would have required notification to nearby property owners of planned fracking operations. See the April 19, 2012, blog post for more details on the bill. The Senate granted the bill “reconsideration”, which would allow another vote before Friday’s deadline for bill advancement.…
California Oil Producers Agree to Share Fracking Information
Several members of the Western States Petroleum Association have agreed to share information about their fracking operations in response to the California Department of Conservation’s request for operators to report to a disclosure registry, FracFrocus (see May 8, 2012 post). Many, including Occidental Petroleum Corp. and XTO Energy/ExxonMobil, have already posted to the website…
CALIFORNIA REVIVES FRACKING BILL AND ANNOUNCES PLANS FOR FRACKING REGULATIONS
Last month, the California legislature revived a bill that was shut down last year that would require the disclosure of fracking chemicals. In a compromise with industry, the revived bill (AB 591) includes trade secret protection. Current law requires the owner or operator of a well to file a history of the work…
FEDERAL AGENCIES TAKE ACTION ON FRACKING GUIDELINES
At the end of last week, EPA and BLM each released draft requirements relating to fracking. EPA released draft Underground Injection Control (UIC) Class II well permitting guidance for fracking activities that use diesel fuels. BLM released draft rules requiring public disclosure of fracking chemicals used on public and Indian lands.
The EPA guidance applies…
Injunction on California’s Low Carbon Fuel Standard Lifted Pending Appeal
The Ninth Circuit Court of Appeals has lifted an injunction that prevented the California Air Resources Board (CARB) from enforcement of the state’s low carbon fuel standard (LCFS), pending appeal of a lower court decision enjoining the LCFS. In December 2011, a federal district court found the LCFS in violation of the dormant commerce clause…