Topic: Illinois

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Proposed class action filed in Illinois state court challenging denial of fracking permits

Amy Pollard and a number of mineral rights owners have filed a proposed class action against the state of Illinois in the Circuit Court for the Second Judicial Circuit of Illinois. Plaintiffs allege that Illinois’s refusal to grant fracking permits violates their rights under the Fifth Amendment of the United States Constitution as well as their rights under the Illinois constitution. Specifically, Plaintiffs argue that the state’s conduct constitutes an unconstitutional taking without just compensation.
Although Illinois law permits fracking, the state has failed to issue regulations governing fracking permits. Oil and gas operators have therefore been unable to obtain … Continue Reading

EPA reviews states’ solid waste management regulations for oil and gas operations

In an April 1, 2014 memorandum, the U.S. Environmental Protection Agency (EPA) summarized state regulatory programs concerning the management of solid waste from oil and natural gas exploration, development and production (E&P) operations.

In reviewing each state’s regulations, the EPA focused on surface storage and disposal facilities managing produced waters, drilling muds, drilling cuttings, hydraulic fracturing return fluids, and various other waste liquids and materials intrinsically related to oil and gas E&P.

The EPA found that the state regulations were primarily concerned with the “technical requirements associated with the design, construction, operation, maintenance, closure, and reclamation of surface pits, … Continue Reading

Wrongful death lawsuits, by-pass routes and first responder training – Issues relating to the transport of oil products by rail

Nineteen wrongful death lawsuits from the July 2013 train derailment and explosion in Lac-Mégantic, Quebec, Canada were transferred from U.S. District Court in Illinois to the U.S. District Court in Maine on March 21, 2014.

The Maine federal judge ordering the transfer found that these lawsuits were “related to” the Maine bankruptcy proceedings filed by Montreal Maine and Atlantic Railroad Ltd. (MMAR) one month after the accident. Presented with evidence of shared insurance between MMAR and some of the wrongful death defendants, the Court made the “limited finding that claims against certain of the defendants named therein are related to … Continue Reading

Illinois and California issue proposed administrative rules to implement hydraulic fracturing legislation

In Illinois, Governor Pat Quinn approved hydraulic fracturing legislation on June 17, 2013. The Illinois Department of Natural Resources (DNR) released proposed administrative rules to implement this legislation on November 15, 2013 – Proposed Administrative Rules for the Hydraulic Fracturing Regulatory Act and Proposed Administrative Rules for Seismicity to monitor Class II UIC wells receiving any hydraulic fracturing fluids.

The rules require oil and gas companies to disclosure chemicals used in fracking operations both before and after drilling and to test water before, during and after drilling. The rules also require the operators to provide information as to how the … Continue Reading

Illinois’ new hydraulic fracturing regulations

On June 17, 2013, Illinois Governor Pat Quinn signed into law hydraulic fracturing legislation that is possibly the strongest in the nation. The Hydraulic Fracturing Regulatory Act (S.B. 1715) (the “Act”) went into effect immediately and is being enforced by the Illinois Environmental Protection Agency (IEPA) and the Illinois Department of Natural Resources (IDNR). The disclosure of hydraulic fracturing chemicals is an important part of the Act. The Act requires the disclosure of hydraulic fracturing chemicals both before the process takes place and after the process is complete.

The hydraulic fracturing operation must be fully described in the permit application … Continue Reading

Pending hydraulic fracturing bills in Illinois legislatures

Currently there are four bills pending in the Illinois legislatures relating to high volume hydraulic fracturing activities. One bill creates the Illinois Hydraulic Fracturing Regulatory Act, two bills would ban fracking, and one requires fracking regulations to be added to the Illinois Oil and Gas Act. All of these bills are currently in committees.

House Bill 2615 which creates the Illinois Hydraulic Fracturing Regulatory Act has provisions requiring permits for hydraulic fracturing and the disclosure of fracking fluids.

  • High volume hydraulic fracturing operations require a permit. The permit application must contain detailed well and operations information, including:
  • A detailed description
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Illinois Lawmakers Propose Fracturing Legislation


On Thursday, February 21, two Illinois State Representatives proposed a bill to regulate hydraulic fracturing in the state. The proposed legislation, House Bill 2615, was prepared after months of negotiations between lawmakers, the oil and gas industry, and environmental concerns.

The bill includes a number of additional requirements for the oil and gas industry but has been hailed by the industry as a positive legislative step forward.
After the HB 2615 was proposed, Illinois Governor Pat Quinn praised the bill as being good for the state’s economy.

The bill is supported by the oil and gas industry, in … Continue Reading

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