Most of the media has been consumed with talk of a proposed severance tax on oil and gas production, but meanwhile in Sacramento another tax on oil and gas production is being poised to take effect — funding requests to implement SB 4. The State Water Resources Control Board (“SWRCB”) is asking for more than
Challenge Against DOGGR Can’t Stand Under SB 4: Alameda County Judge Throws Out Environmental Suit
Environmental groups will have to wait to challenge hydraulic fracturing activities in the state of California until the Division of Oil, Gas, and Geothermal Resources (“DOGGR”) issues its permanent regulations in 2015. This is according to Alameda County Judge Evelio Grillo, who on January 17, 2014, granted a motion to dismiss a challenge brought by…
Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project
In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration (“MND”) for a residential infill project. The court found no Environmental Impact Report (“EIR”) was necessary because the expert opinion…
Governor Brown Outlines Budget Priorities for CalEPA and Natural Resources Agency
Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for the California Environmental Protection Agency, including $3.1 billion in State funds and $54 million from the General Fund. Proposed funding of CalEPA programs include:
- $850 million
…
SB 4 Interim Regulations Are Final – What Operators Need to Know About New Compliance Requirements
Stoel Rives has issued a new client alert detailing provisions added to the draft emergency regulations issued by the Division of Oil, Gas, & Geothermal Resources (“DOGGR”) on December 11, 2013 (for more information on the draft emergency regulations see the December 12, 2013 and December 23, 2013 posts).
Those regulations – and the new…
A Change at the Helm of the Senate Energy and Natural Resources Committee? What That Could Mean for the Oil and Gas Industry
Senator Mary Landrieu (D-LA) is likely to become the chair of the Senate Energy and Natural Resources Committee (the “Committee”) in early 2014, replacing current panel chairman Senator Ron Wyden (D-OR). Many consider Landrieu’s assent to chair as a positive outcome for the oil and gas industry. For example, Landrieu supports the development of liquefied…
DOGGR Interim Regulations Provide Operators Some Guidance on SB 4 Compliance
California’s Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) is moving full-steam ahead in its implementation of SB 4 with its most recent circulation of the SB 4 Interim Well Stimulation Treatment Regulations (“Interim Regulations”). Granted emergency regulatory authority in Pub. Res. Code § 3161(b)(6) (also known as SB 4), DOGGR has…
California Department of Conservation (“DOC”) Proposes Emergency Rulemaking for SB 4 Interim Well Stimulation Treatment Regulations
On December 11, 2013, the DOC proposed an emergency rulemaking to implement interim provisions of SB 4. Public Resources Code section 3161, part of SB 4, provides for an interim grace period from the permitting requirement of SB 4 until SB 4’s regulations are effective. Section 3161 also provides for DOC’s Division of Oil, Gas…
Application for State Funds Not A “Project” Under CEQA
In City of Irvine v. County of Orange (“City of Irvine”) (published and modified on November 22, 2013), the Fourth District Court of Appeal affirmed the trial court’s ruling that the County of Orange’s (“County”) application for state funding for jail expansion was not a “project” requiring environmental review pursuant to CEQA.
In…
Get Ready: SB 4 Compliance Begins Next Month!
Today, the Division of Oil, Gas, & Geothermal Resources (“DOGGR”) released a Notice to Operators (the “Notice”), clarifying that some notification aspects of SB 4 will require compliance as early as the beginning of December 2013. SB 4 requires the creation and implementation of numerous new regulatory programs and mandates. One new mandate is a surface…