New Third Edition Reflects July 1 Permanent Regulations of Hydraulic Fracturing We have prepared an update to the firm’s SB 4 Compliance Handbook to aid operators in their efforts to comply with SB 4 and its new permitting scheme. Senate Bill 4 (“SB 4”) regulates well stimulation treatments in California, including hydraulic fracturing and acid … Continue Reading
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SB 4 Well Stimulation Treatment Permanent Regulations Finalized
On December 30, 2014, the California Office of Administrative Law (“OAL”) approved the Final Permanent Well Stimulation Treatment Regulations (“Permanent Regulations”). The regulations go into effect on July 1, 2015, and the Interim Regulations, which were operative all of last year, will remain the governing law in the meantime. By finalizing the Permanent Regulations, California … Continue Reading
Here Today & Fracked Tomorrow: A Review of SB 4 in 2014
On Wednesday, December 17, I gave a presentation to the Groundwater Resources Association (“GRA”). I reviewed the past year’s developments in California’s regulation of hydraulic fracturing and previewed my future predictions for the industry. Below is a summary of my talk and the power point presentation is attached here.… Continue Reading
Under Scrutiny from All Sides, Brown Taps Ph.D. in Geology to Lead the DOGGR: What This Means for the Industry and SB 4’s Rollout
At last, the new Supervisor of the California Department of Conservation’s Division of Oil, Gas & Geothermal Resources (“DOGGR”) has been announced. Steven Bohlen, currently Program Director at the Lawrence Livermore National Laboratory, will replace recently-retired former Supervisor Tim Kustic. Mr. Bohlen’s background spans numerous academic, teaching, and research positions, including stints at Texas A&M … Continue Reading
Governor Brown’s Promised SB 4 Amendments: Proposals Should Appease Environmental Critics by Closing Potential CEQA Loopholes
In his SB 4 signing message (see September 20, 2013 post), Governor Brown promised certain “clarifying” amendments for SB 4, and his administration has begun the process of seeking those amendments. Governor Brown’s proposed legislation would amend SB 4 in three major categories: Permanent Regulations DOGGR’s deadline for draft permanent regulations will be pushed from … Continue Reading
How SB 4 Will End Up Taxing the Oil and Gas Industry and Even California’s Consumers: Looming Fee Hikes Will Cover State Water Resources Control Board’s Budget Needs, New Staff Positions
Most of the media has been consumed with talk of a proposed severance tax on oil and gas production, but meanwhile in Sacramento another tax on oil and gas production is being poised to take effect — funding requests to implement SB 4. The State Water Resources Control Board (“SWRCB”) is asking for more than … Continue Reading
Challenge Against DOGGR Can’t Stand Under SB 4: Alameda County Judge Throws Out Environmental Suit
Environmental groups will have to wait to challenge hydraulic fracturing activities in the state of California until the Division of Oil, Gas, and Geothermal Resources (“DOGGR”) issues its permanent regulations in 2015. This is according to Alameda County Judge Evelio Grillo, who on January 17, 2014, granted a motion to dismiss a challenge brought by … Continue Reading
SB 4 Interim Regulations Are Final – What Operators Need to Know About New Compliance Requirements
Stoel Rives has issued a new client alert detailing provisions added to the draft emergency regulations issued by the Division of Oil, Gas, & Geothermal Resources (“DOGGR”) on December 11, 2013 (for more information on the draft emergency regulations see the December 12, 2013 and December 23, 2013 posts). Those regulations – and the new … Continue Reading
DOGGR Interim Regulations Provide Operators Some Guidance on SB 4 Compliance
California’s Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) is moving full-steam ahead in its implementation of SB 4 with its most recent circulation of the SB 4 Interim Well Stimulation Treatment Regulations (“Interim Regulations”). Granted emergency regulatory authority in Pub. Res. Code § 3161(b)(6) (also known as SB 4), DOGGR has … Continue Reading
California Department of Conservation (“DOC”) Proposes Emergency Rulemaking for SB 4 Interim Well Stimulation Treatment Regulations
On December 11, 2013, the DOC proposed an emergency rulemaking to implement interim provisions of SB 4. Public Resources Code section 3161, part of SB 4, provides for an interim grace period from the permitting requirement of SB 4 until SB 4’s regulations are effective. Section 3161 also provides for DOC’s Division of Oil, Gas … Continue Reading
