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The Fresno County Superior Court has denied the California Farm Bureau Federation’s challenge to Fresno County’s cancellation of a Williamson Act contract to accommodate a solar generating project.  The decision is the first to take on the interplay between the Williamson Act’s goals to protect agricultural land and the State’s directive to increase reliance on…

Yesterday, the California Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (DOGGR) released what they are calling a “discussion draft” of a rule regulating hydraulic fracturing. The draft rule imposes new requirements specific to fracking operations, including testing, monitoring, disclosure and fluid handling obligations.
Continue Reading DOGGR Releases Draft Fracking Rule

New bills were introduced in the state Assembly (AB 7) and Senate (SB 4) to require disclosure of the chemicals and the amount of water used in hydraulic fracturing operations. This is at least the third attempt at fracking disclosure legislation, the last of which was tabled during the last session (see August 17 post).
Continue Reading Another Attempt at Fracking Disclosure Legislation in California

In an action plan provided to EPA on November 16, the California Division of Oil, Gas, and Geothermal Resources (DOGGR) committed to initiate rulemaking in 2013 to increase groundwater protection relating to fracking through its underground injection control (UIC) program. DOGGR developed the plan in response to EPA’s request to address concerns relating to EPA’s 2011 review of DOGGR’s UIC program. In the plan, DOGGR indicates the rulemaking will address the UIC program as well as well construction and plugging and abandonment regulations.
Continue Reading DOGGR Announces Plans for UIC Rulemaking re Fracking

Environmental groups filed a complaint today in Alameda County Superior Court against the California Division of Oil, Gas and Geothermal Resources (DOGGR) alleging that DOGGR violated the California Environmental Quality Act (CEQA) by issuing permits for oil and gas wells that allowed hydraulic fracturing activities without sufficient environmental review. The complaint alleges that there are several environmental and public health impacts associated with fracking that DOGGR fails to consider in its CEQA analyses for oil and gas well permits. The complaint also alleges that DOGGR improperly excludes new oil and gas well permits from CEQA based on categorical exemptions for minor alternations to land or existing facilities.
Continue Reading Environmental Groups Sue DOGGR Over Fracking Permits

A study released Wednesday on the impacts of hydraulic fracturing at the Inglewood Oil Field found that fracking would not harm the environment.  The study focused on the approximately 1,000-acre Inglewood Oil Field in the Baldwin Hills of Los Angeles County.  Fracking has occurred in the area since about 2003.  The study showed that there…

The San Benito County Board of Supervisors asked its County Counsel to draft a moratorium on fracking for its October 15 meeting and asked staff to develop a timeline for revising its oil ordinance to address fracking. The County Board acted in response to a petition with 500 signatures collected by a local group, Aromas Cares For Our Environment, based on speculation that seismic equipment in the area was for oil or natural gas exploration.
Continue Reading San Benito County Moves Toward Fracking Moratorium in Advance of DOGGR Regulations

On August 29, the Center for Biological Diversity served the Bureau of Land Management (BLM) with notice of intent to sue for BLM’s failure to reinitiate consultation under the Endangered Species Act (ESA) relating to oil and gas leases and drilling permits issued in California. The notice alleges that BLM has continued to authorize fracking activities in California based on outdated biological opinions that fail to evaluate the impact of new fracking techniques on listed species. If BLM does not reinitiate ESA consultation and “halt ongoing oil and gas leasing and drilling activities” with 60 days of the notice, the Center indicates it will file a citizen suit under the ESA.
Continue Reading Environmental Group Serves Notice of Intent to Sue BLM re Fracking in California

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Few firms view their Environment, Land Use, and Natural Resources practices as core legal services. Stoel Rives is one of them. The firm ranks #8 in the United States according to Law360’s list of the largest practices of its kind. Our sophisticated compliance counseling, permitting, regulatory development, and litigation practices continue a long tradition of specialization and deep experience. Our environment, land use, and natural resource attorneys incorporate prior agency experience, technical acumen, and industry knowledge into their legal advice. They also build strong relationships with agency officials and industry associations. Our litigation successes include landmark decisions. More than 60 attorneys, paralegals, and compliance analysts comprise Stoel Rives’ nationwide Environment, Land Use & Natural Resources practice.