Topic: United States

Subscribe to United States RSS feed

Delaware River Basin Commission to consider fracking ban

On Wednesday, the Delaware River Basin Commission voted to begin the rule making process that could lead to a fracking ban in parts of New York, New Jersey, Pennsylvania, and Delaware. The Commission, which regulates the Delaware River watershed and is comprised of members from each of the above states and a representative from the … Continue reading

US BLM plans to rescind Obama-era fracking rule

The US Bureau of Land Management on Tuesday issued a proposed rule that would rescind Obama-era fracking regulations. The regulations, which were promulgated in 2015 and related to hydraulic fracturing on federal and tribal lands, had never taken effect. In March 2015, the BLM, then under the Obama administration, issued a final rule that imposed … Continue reading

Texas task force notes benefits of fracking, calls for more data

The Task Force on Environmental and Community Impacts of Shale Development in Texas on Monday released a 204-page report analyzing fracking’s impacts on the state. The Task Force, a group sponsored by The Academy of Medicine, Engineering and Science of Texas and comprised of individuals from varied backgrounds in the energy and environmental community, lauded … Continue reading

Latest USGS study finds fracking is not a current threat to drinking water

In a study published May 31, 2017, the United States Geological Survey concluded that unconventional oil and gas production in the Eagle Ford, Fayetteville, and Haynesville shale formations is “not currently a significant source of methane or benzene to drinking water wells.” Researchers sampled over one hundred drinking-water wells in the frack zones of Texas, … Continue reading

“Crude and imperfect” expert report enough to survive summary judgment in Arkansas subsurface trespass

The 8th Circuit held on Monday, May 22, 2017, that the Arkansas district court abused its discretion when it granted summary judgment for the defendants in a subsurface trespass case. The appellate court instead held that the plaintiffs’ “crude and imperfect” expert report was not flawed to the point of exclusion and also held that, … Continue reading

US BLM asks 10th Circuit to pause review of Obama-era fracking rule

On Friday, the US Bureau of Land Management asked the Tenth Circuit to pause its review of an Obama-era rule on fracking. The rule, if implemented, would restrict fracking practices on federal and tribal lands. The move comes at a time when the BLM and other agencies are reconsidering their positions in light of the … Continue reading

Maryland bans fracking

Maryland’s governor, Larry Hogan, on Tuesday signed into law a bill that bans hydraulic fracturing in the state. The move comes a week after the state’s legislature passed the bill. Maryland currently has no fracking activity inside its borders, leading many to label the move political—that is, a play to constituents without much consequence. But … Continue reading

PA federal judge vacates controversial fracking verdict

In a win for industry, a Pennsylvania federal judge on Friday vacated a controversial fracking verdict in the highly publicized case Ely v. Cabot Oil and Gas Corp. The verdict was against the great weight of the evidence and shaded by the plaintiffs’ attorney’s missteps, said the court in its decision. Last March, a Pennsylvania … Continue reading

Trump tells US Interior to reconsider fracking rules

President Trump on Tuesday signed an executive order with broad implications for the oil and gas industry. Among its provisions, the order requires the US Department of the Interior to reanalyze its fracking regulations. The executive order, entitled Promoting Energy Independence and Economic Growth, announces a shift in American environmental policy. It establishes as paramount … Continue reading

PA DEP addresses possible link between local earthquakes and fracking

Pennsylvania’s environmental regulators last month addressed a potential link between a string of small local earthquakes and hydraulic fracturing in the Utica Shale. The state’s Department of Environmental Protection (DEP) released a report in February analyzing together four small-scale earthquakes, which occurred in April 2016 in Lawrence County, and fracking operations in the surrounding area. … Continue reading

PA Department of Environmental Protection’s negotiating power fracked

Pennsylvania Department of Environmental Protection (DEP) may see new challenges in negotiating settlements with purported violators of Pennsylvania’s Clean Stream Law.  A recent Pennsylvania appellate court ruled that ongoing penalties are impermissible for a single waterway leak from fracking activities under the state’s Clean Streams Law.  The Clean Stream Law punishes violators for pollution released … Continue reading

Quarterly Legislative Activity Update: Marcellus and Utica Shale Regions

Our Norton Rose Fulbright Pittsburgh-Southpointe practice tracks legislative activity that we believe may impact oil and gas development within the Marcellus and Utica shale regions (Pennsylvania, West Virginia and Ohio). This Quarterly Update contains all of the relevant legislative activity occurring in Pennsylvania, West Virginia, and Ohio during the fourth quarter of 2016. Read the … Continue reading

Oklahoma shuts down wastewater disposal wells after recent earthquake

For years, the oil and gas industry has been blamed for the increase in seismic activity in various areas of the United States. Previous posts on this blog have tracked the allegations that hydraulic fracturing operations have contributed to seismic activity. A recent earthquake over the weekend has again sparked a debate regarding the alleged … Continue reading

EPA Fracking Study Attacked

On August 11, 2016, EPA’s Science Advisory Board (SAB) challenged EPA’s recent determination that hydraulic fracking mechanisms did not lead to “widespread, systemic impacts on drinking water resources in the United States.”  In June 2015, EPA released its hydraulic fracking study, formally known as “Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and … Continue reading

Quarterly Legislative Action Update: Marcellus and Utica Shale Region

Our Norton Rose Fulbright Pittsburgh-Southpointe practice tracks legislative activity that we believe may impact oil and gas development within the Marcellus and Utica shale regions (Pennsylvania, West Virginia and Ohio). This Quarterly Update contains all of the relevant legislative activity occurring in Pennsylvania, West Virginia, and Ohio during the second quarter of 2016. The next … Continue reading

The Bureau of Land Management appeals hydraulic fracturing decision

As discussed in a prior post, U.S. District Judge Scott Skavdahl recently struck down the Bureau of Land Management’s (BLM) hydraulic fracturing rule. In the BLM’s hydraulic fracturing rule, the BLM imposed stricter rules on well casing, wastewater storage, and chemical disclosure. Judge Skavdahl held that the BLM lacked the authority to enact the rule. … Continue reading

Recent Hydraulic Fracturing Rule Invalidated

Last year, the United States Bureau of Land Management (BLM) issued a rule heightening the requirements placed on hydraulic fracturing operations on federal and tribal land. Specifically, the BLM heightened the rules for well casing and wastewater storage and required the disclosure of chemicals used in the fracking process. The BLM’s hydraulic fracturing rule was … Continue reading

Legislative Activity Update – Three Pennsylvania Bills

The following bill, which had been introduced previously, has been acted upon by the General Assembly since the last Legislative Activity Update: PA House Bill 1704 – Amendments to Engineer, Land Surveyor and Geologist Registration Law Sponsor: Mark Mustio (Republican – part of Allegheny County [outside Pittsburgh]) Overview: Provides for use of current term “Engineer Intern” … Continue reading

Sierra Club files earthquake lawsuit and Oklahoma regulators issue disposal injection reduction plan

Sierra Club makes induced seismicity claims against energy companies in federal lawsuit under Resource Conservation and Recovery Act Days after a 5.1 magnitude quake shook Oklahoma on February 13, 2016, a federal suit claiming induced seismicity was filed. Sierra Club v. Chesapeake Operating LLC, et al., No. CIV-16-134-F, (W.D. Okla. filed Feb. 16, 2016). The suit, … Continue reading

State funding triggers TexNet Seismic Monitoring Program

The TexNet Seismic Monitoring Program, under the auspices of the University of Texas, is getting going, fueled by $4.5 million allocated by the Texas Legislature, with two new hires and seismographic equipment soon to be deployed.  The new project manager for TexNet is Alex Savvaidis, who operated a similar program in Greece.  Peter Hennings, a former ConocoPhillips structural geologist, will … Continue reading

DOI proposes methane and waste reduction rule

The U.S. Secretary of the Interior, Sally Jewell, proposed a rule developed by the Bureau of Land Management (“BLM”) that would limit the flaring, leaking and venting of natural gas on public and tribal lands.  The reported purpose of this proposed rule is to cut down on methane emissions and prevent waste of natural gas.  … Continue reading

Political controversy surrounds peer-review attack on EPA fracking study

On January 7, EPA’s Science Advisory Board (SAB) released a 133-page draft report recommending EPA soften its “landmark” findings that hydraulic fracking does not lead to “widespread, systematic impacts on drinking water resources in the U.S.” This rebuttal comes on the tail of similar studies finding that hydraulic fracking does not contaminate drinking water. The … Continue reading

Oklahoma residents sue 12 energy companies over quakes

On January 11, 2015 Oklahoma residents from Edmond and Oklahoma City filed suit against twelve energy companies, alleging that the defendants caused or contributed to seismic activity, though no scientific evidence is cited. Felts, et al. v. Devon Energy, et al., No. CJ-2016-137 (Okla. Cnty. Dist. Ct. filed Jan. 11, 2016).  Plaintiffs assert negligence and strict … Continue reading

Quakes in Oklahoma and Canada highlight changing legal parameters for operators

Edmond, Oklahoma experienced a 4.3 magnitude quake December 29 amid a swarm of quakes the state experienced that day.  Chimneys and contents of shelves purportedly tumbled to the ground, and 4,400 individuals lost electricity.  The Oklahoma Corporation Commission continues to develop a response to the complex phenomenon, noting January 1 that “the initial review of … Continue reading
LexBlog