A reported in a prior blog post, the Western States Petroleum Association (“WSPA”) sued the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (jointly, the “Department”) in Kern County Superior Court in January alleging that the Department’s oil field wastewater injection prohibitions violate WSPA’s members’ due process rights.  On March 20, 2017, a Kern County judge sided in favor of WSPA, granting an injunction on behalf of Plaintiffs and, separately and independently, on behalf of intervenor B.E. Conway Energy, Inc. and intervenor Sentinel Peak Resources California.  This means that the Department is currently barred from blanket enforcement of its Aquifer Exemption Compliance Schedule Regulations (“Regulations”).
Continue Reading Kern County Judge Grants Injunction, Blocking Blanket Enforcement of Oil Field Aquifer Exemption Regulations

As an update to our prior blog post, on January 17, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) released a letter sent to notify the U.S. Environmental Protection Agency (“EPA”) of California’s progress toward compliance with the Safe Drinking Water Act.  DOGGR stated that it will allow oil field wastewater

On January 19, 2017, three oil industry trade groups filed suit against the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (“DOGGR”) (jointly “Department”) in Kern County Superior Court alleging that DOGGR’s oil field wastewater injection regulations violate operators’ constitutional rights.  Western States Petroleum Association, California Independent Petroleum Association, and Independent Oil Producers Agency (collectively “Plaintiffs”) seek “declaratory and injunctive relief to prevent the arbitrary and unlawful shut-in of potentially thousands of Class II injection wells in violation of Plaintiffs’ members’ due process rights.”  Complaint at 1.
Continue Reading Oil Industry Caught in “Catch-22” with New Wastewater Injection Approval Requirements; Files Suit Against California Agencies

December 31, 2016 marked a deadline for oilfield operators to comply with the Division of Oil, Gas and Geothermal Resources’ (“DOGGR”) Aquifer Exemption and Compliance Schedule Regulations.  Operators were required to either cease injection of oilfield wastewater or obtain an aquifer exemption to continue injecting such wastewater.  This deadline was applicable to 11 aquifers that were historically treated as “exempt” aquifers, but have recently undergone review by DOGGR due to compliance issues with the federal Safe Drinking Water Act (“SDWA”).

For any underground injection project approved by the Division [DOGGR] for injection into one of the 11 aquifers listed in subdivision (b)(1), injection shall cease by December 31, 2016, unless and until the U.S[.] Environmental Protection Agency, subsequent to April 20, 2015, determines that the aquifer or the portion of the aquifer where injection is occurring meets the criteria for aquifer exemption.

Cal. Code Regs. tit. 14, § 1779.1(b)

Continue Reading With Time Running Out for EPA to Act, Oil & Gas Operators Grow Increasingly Anxious about Pending Aquifer Exemption Applications