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The City of Compton is being sued for its ordinance banning hydraulic fracturing, effective on April 22, 2014.  (Western States Petroleum Association v. City of Compton, et al., Case No.BC552272.)   Although Compton is not the first city in the state to enact such a ban, Compton is the first city to be sued over it.  The Western States Petroleum Association (“WSPA”) filed a law suit on Monday, July 21 in Los Angeles County Superior Court.  The complaint states that such fracking bans are preempted by state regulation of well stimulation, Senate Bill 4 (“SB 4”) and the Division of Oil, Gas and Geothermal Resources’ (“DOGGR”) regulations.

WSPA alleges several other legal grounds for the ordinance’s invalidity.  The industry group claims that the city failed to give adequate notice of the ordinance, violating state and federal Constitutional due process guarantees.  Additionally, the lack of public debate when passing the ordinance violated the City’s policy powers.  Mineral rights holders were not given a forum for public input.Continue Reading Industry Group Sues Compton for Moratorium on Hydraulic Fracturing

On Friday, July 18, 2014, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources (“DOGGR”) announced that it will review California’s Underground Injection Control (“UIC”) Program to ensure compliance with the requirements of the federal Safe Drinking Water Act (“the Act”).  DOGGR has primary authority under the Act to regulate underground injection wells, granted by the U.S. Environmental Protection Agency (“USEPA”).  DOGGR will conduct the review in conjunction with the USEPA, and expects the review to be completed in 12-18 months.

Originally enacted in 1974 and amended in 1996, the Act aims “to protect public health by regulating the nation’s public drinking water supply.”  (EPA, Safe Drinking Water Act).  The Act is applicable to well stimulation regulations because it has authority over ground water wells, excluding private wells that serve fewer than 25 people.  Protections are designed to prevent oil and gas production wastewater from being injected into drinking water aquifers.Continue Reading DOGGR to Review Well Stimulation Regulations to Ensure Compliance with Safe Drinking Water Act

On Friday, June 20, 2014, Governor Jerry Brown signed a public resources “trailer bill:”  Senate Bill 681 (“SB 681”).  Section 5 of the Bill extends the implementation deadline for the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”).  The initial implementation date was set at January 1, 2015.  Under the new law…

On June 13, 2014, the Department of Conservation (“Department”)  issued a public notice and posted the latest version of the proposed regulations for the use of well stimulation in oil and gas production (“Revised Proposed Regulations”).  These are revisions to the permanent regulations that will go into effect on January 1, 2015.  The Revised Proposed Regulations include the following, significant changes:Continue Reading Department of Conservation Issues Revised, Proposed Well Stimulation Treatment Regulations

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…

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…

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…

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…

On November 15, 2013, the California Department of Conservation (“DOC”) published the notice of proposed rulemaking action regarding draft regulations for well stimulation.  These proposed regulations will implement SB 4, which Governor Brown on September 20, 2013, and will become effective on January 1, 2014.  

The draft regulations supplement the Division of Oil, Gas and…

On December 11, 2013, Stoel Rives and BSK Associates will host a complimentary breakfast seminar in Bakersfield, CA to share observations and strategies for complying with SB 4. Breakfast will begin at 7:30 a.m., with the program beginning at 8:00 a.m.

The office of Jason Marshall, Deputy Director of the Department of Conservation, has confirmed…

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