We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, our monthly newsletter that provides bite-sized updates on EU and UK law, procedure and policy. This month we review more than 20 developments that may be of interest … Continue Reading
On June 21, 2016, the US District Court for the District of Wyoming set aside the US Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal and Native American lands, finding that BLM lacked Congressional authority to promulgate the regulations. “Congress has not delegated to the Department of Interior the authority to regulate … Continue Reading
On September 30, 2015, the US District Court for the District of Wyoming preliminarily enjoined the US Bureau of Land Management (BLM) from enforcing its final rule regulating hydraulic fracturing on federal and Native American lands, pending the resolution of a challenge to the rule under the Administrative Procedures Act (APA) brought by various industry, state, … Continue Reading
Earlier this month, US EPA released its long-awaited draft assessment on the impact of hydraulic fracturing (fracking) on the nation’s drinking water resources. The assessment, titled Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources, represents over four years of study into the potential of hydraulic fracturing to … Continue Reading
Recently, the US Chamber of Commerce (Chamber) published its report Truth In Regulating: Restoring Transparency to EPA Rulemaking, criticizing EPA for not providing critical details about the regulatory intent and true costs associated with significant Agency rulemakings. The Chamber report follows on the heels of last week’s passage of H.R. 1029, the EPA Science Advisory Board Reform … Continue Reading
The Bureau of Land Management (“BLM”) issued a final rule on March 20, 2015 to regulate hydraulic fracturing or “fracking” on public and American Indian Lands. Although the new rule has been final for less than three weeks, it is already a source of controversy. In a press release, the BLM explained that the new rules “will … Continue Reading
The Department of Energy and Climate Change (DECC) estimates that fracking activity will pick up “quite quickly” in response to two recent initiatives concerning 1) onshore petroleum exploration and development licences (PEDLs) and 2) underground access rights. DECC estimates that these initiatives will lead to the creation of 6 shale gas well centres, or pads, … Continue Reading
Ohio Governor Kasich’s recently-introduced Mid-Biennium Budget Review Environment bill (HB 490) would revise R.C. § 6111.99 to significantly increase criminal penalties for violations of Ohio’s water pollution laws. Under current Ohio law, certain criminal violations of Ohio’s water pollution laws, such as water pollution acts, falsification of data, or criminal violations of orders, rules or permits … Continue Reading
On March 10, 2014, US EPA published proposed revisions to its Greenhouse Gas (GHG) reporting requirements for petroleum and natural gas sources under the GHG Reporting Program. The Program, which was enacted in 2008, collects GHG data from facilities that conduct petroleum and natural gas systems activities, including production, processing, transmission, and distribution and produce … Continue Reading
Trying to follow the constant stream of press releases, government and EU consultations, guidance and debate regarding hydraulic fracturing (also referred to as “fracking”) can be tricky, but the issue in the UK remains as topical as ever. Fit to Frack Report The BBC reported on 13 March 2014 that research commissioned by leading wildlife … Continue Reading
On February 21, 2014, the Pennsylvania Supreme Court declined reconsideration of its December 19, 2013 decision striking down a number of provisions in the State’s 2011 hydraulic fracturing law known as Act 13. As we previously reported, the law made substantial changes to the state’s oil and gas laws, some of which the Court determined to be … Continue Reading
On December 19, 2013, the Pennsylvania Supreme Court issued a highly anticipated decision in Robinson Township v. Pennsylvania striking down portions of Pennsylvania’s 2011 hydraulic fracturing law. The law, known in Pennsylvania as Act 13, made substantial changes to the state’s oil and gas laws and also imposed a new unconventional gas well fee allocated to … Continue Reading
Here are 10 of our most popular posts of 2013: USEPA Approves Use of Phase I ESA Standard ASTM E 1527-13 for AAI – read online UK Enterprise and Regulatory Reform Act 2013 Reverses Previous Burden of Proof for Strict Liability Health and Safety Offences – read online 8th Circuit Denies USEPA’s Petition for Rehearing … Continue Reading
On 5 December 2013 the Chancellor of the Exchequer delivered his Autumn Statement for 2013. The environmental measures it contained had largely been announced in the run up to the budget statement, so there were no real surprises on the day. The main environmental announcements were: Allowance prices for the next round of sales under … Continue Reading
A report published this week has identified that a new ‘muscular legislative package’ is being prepared by the European Commission, bringing shale gas companies operating within the EU under a regime which will be “robust enough” to cater for the inherent environmental risks of the industry. The new regime, which is likely to take the … Continue Reading
The Ohio State Emergency Response Commission (SERC) recently issued a memorandum to the State’s oil and gas well owners and operators, clarifying that they must comply with the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) despite a State law that seemingly allows hydraulic fracturing (also known as “fracking”) operations to avoid such requirements. … Continue Reading
The debate over hydraulic fracturing, commonly known as fracking, on federal and tribal lands continues. As we reported in June, the US Department of Interior’s Bureau of Land Management (BLM) published a proposed rulemaking that would regulate hydraulic fracturing on federal and tribal lands. In response, the BLM has received 1,348,434 comments as of the date of this post. The comment … Continue Reading
On July 19, 2013, the U.S. Department of Energy released to the Associated Press its preliminary results from a study on hydraulic fracturing, or fracking, which found no evidence that chemicals from certain natural gas drilling activities in Pennsylvania have contaminated the drinking water. The study focuses on aquifers at a drilling site in the Marcellus Shale … Continue Reading
The Department of the Interior (DOI) has circulated proposed rules that would regulate hydraulic fracking on federally owned lands. The proposed rules would impose requirements on companies extracting natural gas on such lands, including mandating disclosure of chemicals used in fracking operations. The DOI’s proposed rules would only cover fracking on federal lands, meaning that the majority … Continue Reading
