Describing the proposed BLM rule for fracking as “a good first step,” a group of 38 Democrats in the House of Representatives called for disclosure of fracking chemicals before drilling.  The proposed regulations require disclosure of fracking chemicals only after the operation is complete.  In a letter to the Department of the Interior, the lawmakers…

In Los Angeles this Wednesday, three City Council members introduced a resolution urging the Governor and California regulators to impose a moratorium on fracking until the state determines that the practice does not endanger public health, the water supply or the environment.  The concern arises in part because California, unlike some other oil-producing states, does…

On Wednesday, the California Senate voted 17 to 18 against SB 1054, which would have required notification to nearby property owners of planned fracking operations.  See the April 19, 2012, blog post for more details on the bill.  The Senate granted the bill “reconsideration”, which would allow another vote before Friday’s deadline for bill advancement.…

Several members of the Western States Petroleum Association have agreed to share information about their fracking operations in response to the California Department of Conservation’s request for operators to report to a disclosure registry, FracFrocus (see May 8, 2012 post).  Many, including Occidental Petroleum Corp. and XTO Energy/ExxonMobil, have already posted to the website…

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice recently announced the latest proposed settlement in EPA’s Clean Air Act enforcement initiative against petroleum refiners. Hess Corporation will pay an $850,000 civil penalty and spend more than $45 million on new pollution controls at its Port Reading, New Jersey refinery to resolve alleged…

Last month, the California legislature revived a bill that was shut down last year that would require the disclosure of fracking chemicals.  In a compromise with industry, the revived bill (AB 591) includes trade secret protection.  Current law requires the owner or operator of a well to file a history of the work…

At the end of last week, EPA and BLM each released draft requirements relating to fracking.  EPA released draft Underground Injection Control (UIC) Class II well permitting guidance for fracking activities that use diesel fuels.  BLM released draft rules requiring public disclosure of fracking chemicals used on public and Indian lands.

The EPA guidance applies…

The Ninth Circuit Court of Appeals has lifted an injunction that prevented the California Air Resources Board (CARB) from enforcement of the state’s low carbon fuel standard (LCFS), pending appeal of a lower court decision enjoining the LCFS.  In December 2011, a federal district court found the LCFS in violation of the dormant commerce clause…

On April 19, 2012, the State Water Resources Control Board (“State Board”) certified 13 of 50 Nationwide Permits (“NWP”) published by the Army Corps of Engineers on February 21, 2012.  (77 Fed. Reg. 10184-01 (Feb. 21, 2012).)  On February 27, 2012, the State Board posted notice of the Corps’ application for 401 certification of the…

On April 17, the Environmental Protection Agency issued new rules designed to curb the emission of air pollutants from “fracked” natural gas wells. Originally submitted last summer, the new rules will be gradually implemented over the next two to three years and look to curb emissions by 95%. The EPA commented that the need for…

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