Barclay Nicholson (US)

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Proposed Delaware River Basin fracking ban sparks legislation

On May 16, 2019, Delaware Governor John Carey, New Jersey Governor Phil Murphy, and Pennsylvania Governor Tom Wolf signed a proclamation in support of a permanent fracking ban in the Delaware River Basin. The Delaware River Basin is a 330-mile-long river watershed running through four states: New York, Pennsylvania, New Jersey, and Delaware. Since 1961, the … Continue reading

Second edition of the Shale Gas Handbook released by Norton Rose Fulbright

On June 25, 2015, Norton Rose Fulbright released the second edition of the Shale Gas Handbook. Almost two years ago, Norton Rose Fulbright lawyers, realizing that the unconventional oil and gas phenomenon was having various results all around the world, came together to create the inaugural edition of the Shale Gas Handbook. The Shale Gas … Continue reading

End of Colorado legislative session marks beginning of new era of energy regulation

The end of Colorado’s legislative session this past Friday marked the beginning of a new era of energy regulation posing serious ramifications to the State’s fracking industry. On April 16, 2019, Colorado Governor Jared Polis signed Senate Bill 19-181, officially revamping the Colorado Oil and Gas Conservation Commission. Prior to the Act, the Commission’s purpose was to foster … Continue reading

Bureau of Land Management moves forward with California fracking plan

On April 25, 2019, the Bureau of Land Management (BLM) released a new draft report supplementing its previous reports proposing new oil and gas development near Bakersfield, California. If finalized, the agency’s plan will entail drilling more than 100-400 wells per year on 400,000 acres of public land and 1.2 million acres of federal mineral … Continue reading

Landowners, energy companies file briefs seeking to capture Pennsylvania Supreme Court’s ruling in historic hydraulic fracking case

Over the past few months, new developments have taken place in the historic Pennsylvania Supreme Court case involving landowners’ trespass and conversion claims against an energy company based on hydraulic fracking activities. Back in November 2018, the Supreme Court of Pennsylvania agreed to hear the case to consider whether the rule of capture applies to … Continue reading

Supreme Court of Pennsylvania set to determine whether rule of capture applies to fracking

On November 20, 2018, the Supreme Court of Pennsylvania issued a one-page order agreeing to consider whether the rule of capture applies to hydraulic fracturing. The Supreme Court of Pennsylvania’s review comes after the Pennsylvania Superior Court overturned decades of precedent and decided the rule of capture did not apply to fracking wells. The Pennsylvania … Continue reading

New study examines seismic activity in Oklahoma

A new study published in October purports to link seismic activity in Oklahoma to wastewater injection wells. Besides rates and pressures, Bridget Scanlon, hydrogeologist and lead author of the study, suggested injection depth may influence seismicity potentials. However, Scanlon limited her study to deep wastewater injection wells in Oklahoma. The study examined the correlation between … Continue reading

Colorado voters reject Proposition 112

On November 6, Proposition 112 failed 58 percent to 42 percent. The measure needed 50 percent to pass. After a contentious and expensive campaign, voters derailed the measure that posed drastic implications on future oil and gas development in the state. Proposition 112 would have expanded existing setback requirements from 500 feet to 2,500 feet … Continue reading

Survey of fracking ballot measures

Below is a survey of fracking ballot measures across the country. Colorado is the only state that has fracking measures on the upcoming November ballot. But, Florida has an offshore drilling prohibition that encompasses offshore fracking, and San Luis Obispo County, California also has a fracking ban on their ballot. Michigan and Columbus, Ohio were … Continue reading

PA Superior Court revives trespass claim against fracking company

Last Monday, a three-judge panel of the Pennsylvania Superior Court revived a trespass claim against a fracking company. The claim, which was previously defeated by summary judgment, could return to the trial court for determination of its merits. In 2015, plaintiffs filed suit against the fracking company alleging trespass and conversion. Plaintiffs claim the company used … Continue reading

Study observes possible links between hydraulic fracturing wastewater injection and seismic activity in Kansas

A new study published this month purports to link seismic activity in Kansas to wastewater disposal associated with hydraulic fracturing. Justin Rubinstein, the lead researcher, suggested that further research was needed to examine the effects of wastewater injections, stating that this study was “the tip of the iceberg as far as what we’re going to … Continue reading

Controversial study attempts to link fracking to poor infant health

Last month, in an article published in the journal Science Advances, economics professors at Princeton University, the University of Chicago, and the University of California, Los Angeles attempted to link fracking to low birth weight. The study is controversial, and has been criticized since its publication. Over the course of ten years, Janet Currie, Michael … Continue reading

Cuadrilla discovers ‘sizeable quantity’ of UK shale gas as UK anti-fracking case is rejected

On January 12, 2018, exploration and production company Cuadrilla announced that it has recently discovered a “very sizeable quantity” of shale gas at its Bowland site in Lancashire (the Site). Cuadrilla revealed it has drilled to a depth of 2.7km at the Site and to date has recovered 375 feet of core samples. When combined … Continue reading

PA federal judge strikes down municipal fracking ban

Late last month, a federal magistrate judge in Pennsylvania struck down a township’s ban on fracking activities. The ban, which prevented the injection of fracking waste into a well underlying the town, was preempted by state and federal law, said the judge. The judge ruled that the ban was preempted by the federal Safe Drinking … Continue reading

US 10th Circuit dismisses Obama-era fracking litigation

The US 10th Circuit on Thursday dismissed the challenge to an Obama-era fracking rule that imposed strict requirements on oil and gas operators on federal and tribal lands. The rule was blocked in 2015 and never took effect. The three-judge panel dismissed the case in its entirety—including the lower court’s decision to block the rule—in … Continue reading

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

INEOS granted second UK exploratory drilling permit

On 18 July 2017, INEOS was granted an environmental permit to drill an exploratory borehole to take core shale samples at a site near Common Road, Harthill, South Yorkshire. It was the second permit granted by the Environment Agency (EA) to INEOS in less than three weeks after a similar ‘standard rules’ permit was approved … 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

More production cuts possible in Europe’s Groningen gas field due to earthquakes

Authorities in the Netherlands have proposed more production cuts in the Groningen gas field, Europe’s largest, in response to earthquake concerns. The cuts would limit production by another 10%, in addition to cuts that have already taken effect, with intent to further reduce the number of earthquakes occurring in the country’s north. For decades, the … 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
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