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Last week, the UC Berkeley Center for Law, Energy and the Environment released a report recommending increased regulation and further study of the impacts of hydraulic fracturing activities in California on public health and the environment. The report focuses on the potential impacts to groundwater and surface water resources relating to the management of wastewater associated with fracking, but also touches on other environmental and public health issues, such as air emissions and increased demand for water in well completions.
Continue Reading Report Recommends More Stringent Regulation of Fracking in California

On Monday, Assembly Members amended two bills relating to hydraulic fracturing – one increasing the scope of regulated activities and another allowing trade secret protection of related disclosures. Also this week, Senator Pavley’s amended SB 4 passed the Senate Natural Resources and Water Committee.
Continue Reading Amendments to California Bills Both Weaken and Strengthen Proposed Restrictions on Fracking

A federal judge in the United States District Court for the Northern District of California in San Jose ruled that the Bureau of Land Management (BLM) failed to fully evaluate the potential impacts of hydraulic fracturing operations in granting oil and gas leases for approximately 2,700 acres of land over California’s Monterey Shale Formation. The court concluded that BLM violated the National Environmental Policy Act (NEPA) by unreasonably relying on a 2006 resource management plan and environmental impact statement governing management of the larger planning area encompassing the leases.
Continue Reading Court Finds BLM Failed to Consider the Impacts of Fracking in Granting Mineral Leases

Last week, the South Coast Air Quality Management District (SCAQMD) adopted a rule requiring pre-notification and reporting of air emissions and chemicals used in hydraulic fracturing operations. SCAQMD regulates air quality in Orange County and major portions of Los Angeles, San Bernardino and Riverside counties. The rule arose from a September 2012 symposium on fracking in the South Coast Air Basin, including representatives from the government, industry and environmental groups. In addition to fracking, the rule applies to other production stimulation activities such as gravel packing and acidizing. The rule will go into effect in early June, 60 days after its adoption on April 5.
Continue Reading California Air District Requires Fracking Notification and Disclosures

Last week, California Senator Hannah-Beth Jackson amended the bill she introduced earlier this year to further regulate the management of water produced in fracking operations. The amended bill would also shift the prior focus from regulating fracking wastewater generally as hazardous waste to the regulation of fracking wastewater disposal. Specifically, it would prohibit the injection of any wastewater containing hazardous waste.
Continue Reading Another Bill Revised to Expand Regulation of Fracking Activities

This month, California State Senator Fran Pavley introduced significant amendments to her bill to regulate hydraulic fracking activities (SB 4), including a ban on fracking until completion of a study on its impacts and a permit requirement specific to fracking activities.
Continue Reading California Lawmaker Demands Another Fracking Study, Threatens Industry with Moratorium

Last month, California legislators introduced three bills that relate to hydraulic fracturing. On February 20, 2013, Senator Hannah-Beth Jackson introduced SB 395 to regulate water produced during fracking operations. The other two bills were introduced in the Assembly and relate to DOGGR’s approval of well drilling activities. On February 11, 2013, Assembly Member Marc Levine introduced AB 288 to require fracking-specific approval. On February 22, 2013, Assembly Member Das Williams introduced AB 982 to require an agency-approved groundwater monitoring plan for fracking operations.
Continue Reading Three New California Bills Proposed to Further Regulate Fracking

The Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) today announced the second of three public workshops on its draft discussion regulations governing hydraulic fracturing. The agenda includes pre-fracking well testing, advance notification, monitoring, and disclosures, trade secrets and handling relating to fracking fluids.
Continue Reading DOGGR Schedules the Second of Three Public Workshops on its Fracking Regulations

On February 12, California lawmakers convened a joint legislative hearing to discuss the proposed regulations governing hydraulic fracturing in California. For further information about the proposed regulations, see the December 19 post. The lawmakers heard from four panels, including the Department of Conservation’s Division of Oil, Gas and Geothermal Resources (DOGGR), Department of Toxic Substances Control, State Water Resources Control Board, Air Resources Board and various local agencies, stakeholders and environmental organizations.
Continue Reading California Lawmakers Discuss Proposed Fracking Regulations

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