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

On March 20, 2013, the Supreme Court ruled in Decker v. Northwest Environmental Defense Center 586 U.S. (2013) reversing a ruling from the U.S. Court of Appeals for the Ninth Circuit that would have required Clean Water Act permits (CWA) for stormwater running off logging roads. The decision turns largely on deference to EPA’s interpretation…

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

Senate Bill 34 (Carbon Capture and Storage Act of 2013), which would close certain key legal gaps that hinder carbon capture and storage in California, lost its sponsor late last week when Senator Rubio (D – East Bakersfield) suddenly resigned.  Earlier this week the Senate Environmental Quality Committee decided to postpone its hearing on SB…

The South Coast Air Quality Management District held its third working group meeting yesterday for the District’s proposed Rule 1304.1.  The proposed Rule would impose substantial new fees on developers repowering electrical generating facilities within the District, which encompasses Orange County and parts of Los Angeles, Riverside, and San Bernardino Counties.  Under the proposed…

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 Friday, February 22, Senator Darrell Steinberg (D-Sacramento) introduced a bill outlining proposed revisions to the California Environmental Quality Act (CEQA).  A substantial CEQA reform bill championed by Senator Michael Rubio (D-Shafter) was highly anticipated in this legislative session.  But, earlier in the day on Friday, Senator Rubio announced his resignation from the California State Senate…

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

On February 19, 2013, the California Air Resources Board held its second auction of greenhouse gas (GHG) emission allowances for its Cap and Trade Program.  This was the first quarterly auction for 2013; the first auction was held November 14, 2012.  All ‘covered entities’ – GHG emitters regulated under Cap and Trade – were…

Senator Michael Rubio (D-Shafter) announced today that he is resigning from the California State Senate, effective today.  Senator Rubio made headlines at the end of the 2012 legislative session when he introduced a bill to significantly reform the California Environmental Quality Act (CEQA).  At that time, he agreed to work with Senator Darrell Steinberg (D-Sacramento)…

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