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
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…
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…
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…
Potential Legal Challenges Likely to California’s New Fracking Law
California Governor Jerry Brown signed SB 4 on Friday, September 20, 2013, establishing a permitting system for fracking of oil and gas wells. (See September 23, 2013 post.) The state, through the Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”), will be developing regulations to implement SB 4’s requirements. Despite its recent…
Judge Upholds DOGGR’s Application of UIC Fracking Exemption
Last week, a judge in Alameda County Superior Court denied the Center for Biological Diversity’s motion for summary judgment in a case arguing that DOGGR is obligated to regulate hydraulic fracturing activities under the state’s underground injection control (UIC) program. The Center challenged DOGGR’s position that the federal Energy Policy Act of 2005 exempts fracking from the state UIC program under the Safe Drinking Water Act (see January 25, 2013, post). The judge sided with DOGGR, finding that the exemption of fracking activities from state UIC regulations was consistent with the Safe Drinking Water Act and DOGGR’s interpretation should be afforded great weight unless clearly erroneous.
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DOGGR Delays Release of Draft Fracking Rules Pending Possible Instruction from Lawmakers
At a conference in Los Angeles at the end of July, the chair of the State Water Resources Control Board (SWRCB), Felicia Marcus, noted that the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (DOGGR) is delaying the release of its draft regulations of hydraulic fracturing until after the state’s legislative session. Marcus indicated that DOGGR is waiting to see whether the legislature will pass the remaining bill to regulate fracking, Senator Pavley’s SB 4.
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DOGGR Schedules the Second of Three Public Workshops on its Fracking Regulations
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.
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California Lawmakers Discuss Proposed 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.
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DOGGR to Hold the First of Three Public Workshops on its Fracking Regulations
The Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) announced it will hold the first of three stakeholder workshops next week for input on the discussion draft regulations governing hydraulic fracking that it released in December. The first workshop will be held on February 19 in Los Angeles. DOGGR also plans to hold workshops in Bakersfield and Sacramento.
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