As reported in our April 11, 2014 post, SB 1132 – the bill that seeks a moratorium on well stimulation during oil and gas development, thereby rescinding portions of SB 4, which was enacted just a few months ago – passed its first major hurdle when it achieved a 5-2 vote out of the Senate
Second Chance at a Hydraulic Fracturing Moratorium Moves Past First Major Obstacle
By Mike Mills on
Posted in Oil and Gas
Senator Holly Mitchell (D-Los Angeles) and other supporters of SB 1132 cleared their first major hurdle in their renewed effort to place a moratorium on hydraulic fracturing and other forms of well stimulation treatment in the state of California.
On April 8, the Senate Natural Resources and Water Committee voted to move the measure along…
Is There a De Facto Moratorium on Well Stimulation in California?
By Mike Mills on
Posted in Oil and Gas
SB 4 did not place a moratorium on the use of hydraulic fracturing or other well stimulation treatments. SB 4 specifically states that so long as an operator complies with the notification and documentation requirements added to the Public Resources Code, the Division of Oil, Gas & Geothermal Resources (“DOGGR”) shall allow well stimulation activities…
Governor Brown’s Promised SB 4 Amendments: Proposals Should Appease Environmental Critics by Closing Potential CEQA Loopholes
By Mike Mills on
In his SB 4 signing message (see September 20, 2013 post), Governor Brown promised certain “clarifying” amendments for SB 4, and his administration has begun the process of seeking those amendments.
Governor Brown’s proposed legislation would amend SB 4 in three major categories:
Permanent Regulations
- DOGGR’s deadline for draft permanent regulations will be
…
Carson, California Bans All New Oil & Gas Drilling Activity – Takes LA’s Hydraulic Fracturing Ban to the Next Level
By Mike Mills on
Posted in Oil and Gas
The City Council of Carson, California has unanimously (by 5-0 vote) approved a moratorium on all new oil and gas drilling within its city limits. The moratorium is set to last 45 days for now, and the City Council will consider a one-year ban on any new drilling after those 45 days are up.
The reasoning…
Home Rule on Display in Los Angeles: First Oil-Producing City in California to Enact a Moratorium on Hydraulic Fracturing
By Mike Mills on
Posted in Oil and Gas
It was only a matter of time before a city banned hydraulic fracturing in California – a “home rule” state, where cities and localities are permitted by constitutional amendment to enact and enforce their own zoning laws as they see fit, so long as those laws stay within the bounds of state and federal constitutions.…
Two State Senators Try Enacting a Fracking Moratorium in California: What Are the Chances When the Last Effort Recently Failed?
By Mike Mills on
Posted in Oil and Gas
The California Assemblymembers who sought a moratorium on all well stimulation activities early last year (vis-à-vis failed bills AB 1301, AB 1323, and AB 649) are seeking yet another moratorium, this time by amending SB 4, which went into effect on January 1, 2014 (and which we have extensively analyzed – see…
How SB 4 Will End Up Taxing the Oil and Gas Industry and Even California’s Consumers: Looming Fee Hikes Will Cover State Water Resources Control Board’s Budget Needs, New Staff Positions
By Mike Mills on
Posted in Oil and Gas
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
By Mike Mills on
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
By Mike Mills on
Posted in Oil and Gas
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…