Insight and Information for the Environmental & Natural Resource Industry
On December 11, 2013, Stoel Rives and BSK Associates will host a complimentary breakfast seminar in Bakersfield, CA to share observations and strategies for complying with SB 4. Breakfast will begin at 7:30 a.m., with the program beginning at 8:00 a.m.
The office of Jason Marshall, Deputy Director of the Department of Conservation, has confirmed…
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 technology to stimulate offshore wells. DCOR’s frac jobs, known as “mini-fracs,” were added to and approved under an already existing permit…
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, Division of Oil, Gas and Geothermal Resources (“DOGGR”), will be developing regulations to implement SB 4’s requirements. Despite its recent…
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 Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) is now officially tasked with developing the permitting program…
Just hours after the California Assembly voted to pass the remaining bill on hydraulic fracturing, SB 4, the California Senate voted to concur with the Assembly amendments. The next stop for the bill is the Governor’s desk. Governor Brown’s administration had previously indicated concern regarding the broad scope of the bill, which was amended in the Assembly to include other well stimulation activities including acid treatment. If the Governor vetos the bill, it can be overriden by a two-thirds vote in both houses, which is a strong possibility given the breakdown of the votes cast to pass the bill.
Continue Reading California Legislature Passes Fracking Bill
Today the California Assembly passed the controversial bill regulating hydraulic fracturing, SB 4. The bill has been criticized by both industry groups and environmental organizations. Industry has argued that the bill is overbroad for including other types of well stimulation techniques, including acid well treatments, and creating a permitting scheme that subjects each decision to stimulate a new well to the California Environmental Quality Act. On the other end of the spectrum, the Center for Biological Diversity claims that only a moratorium on fracking would adequately protect the public and the environment.
Continue Reading California Assembly Passes Fracking Bill
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 state’s underground injection control (UIC) program. The Center challenged DOGGR’s position that the federal Energy Policy Act of 2005 exempts fracking from the state UIC program under the Safe Drinking Water Act (see January 25, 2013, post). The judge sided with DOGGR, finding that the exemption of fracking activities from state UIC regulations was consistent with the Safe Drinking Water Act and DOGGR’s interpretation should be afforded great weight unless clearly erroneous.
Continue Reading Judge Upholds DOGGR’s Application of UIC Fracking Exemption
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 advanced the bill without amendment. Since advancing to the floor, SB 4 has been amended to require the development of a reporting website and groundwater modeling criteria.
Continue Reading Assembly Committee Advances Fracking Bill to the Floor
The Assembly Committee on Appropriations failed to reach a decision at yesterday’s hearing on SB 4 – the lone surviving bill relating to hydraulic fracturing in the California Legislature. Appropriations delayed a vote on the newly amended SB 4 for another two weeks after hearing extensive testimony on the bill. At the hearing, representatives on both sides of the issue rejected the bill. Industry representatives argued that the bill is too broad for regulating acid injection in addition to fracking. Meanwhile, environmental groups asserted that the bill is too lenient on fracking fluid disclosure requirements.
Continue Reading Still No Agreement on Remaining Fracking Bill
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 in central California. BLM indicated that the EIS would consider the potential impacts of fracking and other well stimulation techniques associated with oil and gas leases and may result in an amendment to the resource management plan (RMP) for the Hollister Field Office.
Continue Reading BLM Announces an Environmental Assessment to Address Fracking in California
