Topic: Hydraulic fracking

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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 Delaware River Basin Commission (“DRBC”), a regional interstate and federal agency, has managed the basin. The governors for the four basin states and the commander of the U.S. Army Corps of Engineers for the North Atlantic Division make up the voting members of 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 Handbook is a one of a kind, one-resource book that members of the oil and gas industry can turn to for questions about unconventional shale oil and gas drilling, production and hydraulic fracking. Since the launch of the first edition, there have been a number … 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 the development of Colorado’s natural resources. Now, the Commission has a new mission: to regulate the oil and gas industry and to protect the public’s health and safety and the environment.… 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 estate.… 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 hydraulic fracking. Since November, both parties, as well as numerous amici curiae, have filed briefs.… 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 Supreme Court will consider a single question on appeal: “[d]oes the rule of capture apply to oil and gas produced from wells that were completed using hydraulic fracturing and preclude trespass liability for allegedly draining oil or gas from under nearby property, where the well … 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 seismicity and wastewater injection wells in Oklahoma’s Arbuckle Formation—located adjacent to the basement. Additionally, the study noted seismic activity appeared to decrease in connection with reduced wastewater injection rates. According to the study, wastewater injection wells are the culprit of the increased seismic activity in … 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 from homes, schools, hospitals, and “vulnerable areas.” If Proposition 112 passed, Colorado would have approved the country’s largest mandatory buffer zone between new wells and homes. Proposition 112 would have made future oil and gas development on nonfederal land within the state nearly impossible.

The … 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 unsuccessful in their efforts to include fracking bans on their ballot.… Continue Reading

High Court rejects legal bid to prevent fracking in Lancashire, UK

The High Court has refused to grant an interim injunction preventing Cuadrilla from carrying out hydraulic fracking operations at the Preston New Road site in Lancashire. The ruling means that Cuadrilla can resume fracking in the UK for the first time since 2011.

Mr Justice Supperstone also refused permission for judicial review of Lancashire County Council’s decision over the adequacy of the risk assessment and emergency planning procedures.… Continue Reading

Ineos granted permission in UK Green Belt for exploratory shale gas drilling

Ineos has been granted planning permission on appeal for exploratory shale gas drilling in the Green Belt, near Rotherham.

In May 2017, petrochemical firm Ineos sought temporary permission for a period of five years for a shale gas well, access track and ancillary facilities at Common Lane, Harthill near Rotherham. Ineos claims that the site has been chosen because it is within an area of interest based on existing seismic data.… 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 hydraulic fracturing to extract natural gas beneath the plaintiffs’ property, where the company did not have a lease, from an adjacent tract on which it had a lease.… 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 learn.”

The study examined ongoing seismicity in two counties in southern Kansas from 2013-2016, observing correlations between increases in seismic activity subsequent to increases in wastewater disposal via deep-injection wells. Additionally, seismic activity appeared to decreased at the same time as economic and regulatory forces … 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 Greenstone, and Katherine Meckel, the authors of the study, analyzed 1.1 million births in Pennsylvania, where fracking is common. They concluded that living within 1 kilometer of a fracking well while pregnant increased the odds that one’s baby would be born with a low … 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 with data gathered from existing shale exploration wells, this has left the company optimistic as to its ability to “drill two horizontal wells…in gas rich zones”. This is complemented by the “excellent” rock quality in the vicinity. These properties are believed to make the … Continue Reading

BLM to rescind 2015 fracking rule

Thursday, the Bureau of Land Management (“BLM”) announced that it will publish a final rule to rescind a 2015 regulation requiring companies to disclose the chemicals they use in hydraulic fracturing.

Decried by both the BLM and oil and gas trade associations as costly and duplicative of existing regulations, the repeal of this rule marks the final nail in the coffin for a legal battle that began over two years ago.… 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 Water Act and Pennsylvania’s Act 13, which prevents municipalities from passing ordinances that regulate oil and gas activity except through limited channels, namely the state’s Municipalities Planning Code and Flood Plain Management Act.… 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 light of the fact that the US Bureau of Land Management earlier this year asked the court to pause its review of the rule and recently proposed a measure to rescind the Obama-era regulations. These actions followed the change in US administrations.

Said the court, … 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 U.S. Army Corps of Engineers, now has until November 30 to draft its proposal.

The Delaware River watershed encompasses parts of New York, New Jersey, Pennsylvania, and Delaware and provides drinking water to millions of people in the four states. It also encompasses territory rich … 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 on 29 June 2017 for another site near Bramleymoor Lane, Marsh Lane, North Derbyshire.

Despite the protests of environmental campaigners, the EA was keen to stress that the permit only consents for INEOS to carry out drilling and waste management at the site as a … 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 limits and reporting requirements on operators fracking federal and tribal lands. The regulations, which focused on well casing, wastewater storage, and disclosure of chemicals used in fracking operations, were widely decried by industry.

The rule was blocked in late 2015, before it could take effect, … 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 Groningen has been a key industry asset, successfully developed by major players in the oil and gas space. However, in the early nineties, the region—one with no previous history of earthquakes—began experiencing seismic activity. The number of earthquakes grew until 2013, and the Dutch government … Continue Reading

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