Mike Mills

Mike Mills

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and state hazardous waste cleanup matters, and help them successfully navigate property tax valuation disputes. When necessary to protect his clients’ interests, Mike relies on his understanding of complex regulatory matters and his clients’ businesses to defend them in environmental litigation, defeat citizen suit claims, and reduce or eliminate fines and penalties. He has been listed in Northern California Super Lawyer® since 2013 in Environmental Law and Energy & Natural Resources.

 

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Oil & Gas Related Bills Update for the 2019-2020 Legislative Session

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2019-2020 Legislative Session.  Below is the latest update on a list of bills, summarized pursuant to the Legislative Counsel’s Digest, that our team has been following and will continue to monitor as the 2019-2020 Legislative Session … Continue Reading

SWRCB Releases Draft Implementation Guidance Regarding the Procedures for Discharges of Dredged or Fill Material

On February 14, 2020, the State Water Resources Control Board (SWRCB) published Draft Guidance for the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Draft Guidance). The Draft Guidance pertains to the SWRCB’s adoption of a State Wetland Definition and Procedures for Discharges of Dredged or … Continue Reading

DTSC and SWRCB Release Draft Supplemental Vapor Intrusion Guidance

On February 14, 2020, the State Water Resources Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC) issued a public notice regarding the release of Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (Draft Guidance) that  supplements existing vapor intrusion guidance issued in 2011.  The Draft Guidance is now available for public … Continue Reading

CalGEM’s Public Health Rulemaking Workshops

The California Geologic Energy Management Division (“CalGEM”), formerly known as the Division of Oil, Gas, and Geothermal Resources (“DOGGR”), is actively working on revising its regulations to better align its regulatory mandates with the new goals of Assembly Bill 1057, which requires CalGEM to focus on protecting public health and the environment, and less on … Continue Reading

CalGEM Issues Notice to Operators Regarding Cyclic Steam Moratorium

Nearly two months ago, on November 19, 2019, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources[1] (“DOGGR”) announced a moratorium on approvals of new oil extraction wells that use a high-pressure cyclic steaming process to break apart a geological formation to extract oil. The announcement did not contain much, if any, detail … Continue Reading

California SWRCB Launches Senate Bill 205 Compliance Page

This information is provided as a follow-up to our blog post titled “Senate Bill 205 Imposes New Requirements for Industrial Companies in California” published on January 3, 2020. The State Water Resources Control Board (“SWRCB”) published a new page on its website that provides implementation information for Senate Bill 205.  This page includes helpful information … Continue Reading

Senate Bill 205 Imposes New Requirements for Industrial Companies in California

Last fall, the California Legislature enacted Senate Bill 205 in an effort to more effectively control stormwater pollution from regulated industrial companies.  Effective January 1, 2020, an industrial company will not be able to receive an initial business license or business license renewal unless it can demonstrate compliance with the National Pollutant Discharge Elimination System … Continue Reading

California Court of Appeal Rejects “Substantial Factor” Test for Regional Board to Issue a Cleanup and Abatement Order to a Responsible Person

After years of investigation, the San Diego Regional Water Quality Control Board (“Regional Board”) issued a cleanup and abatement order (“CAO”) to San Diego Gas & Electric Company (“SDG&E”) after finding that SDG&E caused or permitted waste to be discharged into the San Diego Bay, and thereby created, or threatened to create, pollution and nuisance … Continue Reading

Be Careful of What You Wish For – Environmental Groups Complain about the Environmental Study of Hydraulic Fracturing That They Sued BLM to do

On April 29, 2019, the U.S. Department of Interior, Bureau of Land Management (BLM) released a Draft Supplement Environmental Impact Statement (Draft SEIS) analyzing potential impacts of hydraulic fracturing for future oil & gas development within the 400,000 acre Bakersfield Field Office Planning Area. That planning area includes Fresno, Kern, Kings, Madera, San Luis Obispo, … Continue Reading

Oil & Gas Related Bills Introduced in the 2019-2020 Legislative Session

The 2019-2020 California Legislative Session has officially reached its first deadline. February 22, 2019 marked the deadline by which bills could be introduced for the first half of the Session. Lawmakers will begin Spring Recess April 12 and reconvene April 22. The last day for bills to be passed out of the house of origin … Continue Reading

2018 IGP Amendments – Everything You Need to Know

On November 6, 2018, the State Water Resources Control Board adopted an amendment to the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Industrial Activities (General Permit). The General Permit Amendment addresses the implementation of previously-adopted Total Maximum Daily Loads (TMDLs), the new federal Sufficiently Sensitive Methods Rule, and statewide … Continue Reading

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated under the Clean Water Act (“CWA,” or the “Act”).  In these decisions, the Sixth Circuit expressly disagrees with recent holdings from … Continue Reading

Court Finds that Privately-Owned Industrial Stormwater Discharges Require Clean Water Act Permits

Environmental groups have obtained a favorable Clean Water Act (“CWA”) ruling from the U.S. District Court for the Central District of California, which can be viewed as an expansion of jurisdiction for stormwater permitting for industrial sources.  In the Order, issued on August 9, 2018, Judge Stephen V. Wilson held that if the U.S. Environmental … Continue Reading

DOGGR Issues Revised Regulations for UIC and Idle Wells

 On July 27, 2018 the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) issued two notices of proposed rulemaking action applicable to oil and gas operations in the state.  DOGGR released updated underground injection control (“UIC”) regulations, as well as proposed regulations for idle well testing and management. UIC Regulations DOGGR supervises the drilling, … Continue Reading

The EPA Takes On Trichloroethylene Vapor Intrusion

Stoel Rives Summer Associate Carly Moran co-authored this post. Ground Zero: The Silicon Valley In an attempt to cleanup airborne toxins contaminating a large area of Mountain View, California’s North Bayshore neighborhood, the U.S. Environmental Protection Agency (“EPA”) has presented plans to update their existing cleanup strategy.  Specifically, the EPA plans to revamp their cleanup strategy … Continue Reading

OSPR Extends Rulemaking Comment Period for Inland Facilities

On May 22, 2018, the California Department of Fish and Wildlife, Office of Spill Prevention and Response (“OSPR”), issued a 15-Day Notice of Modifications to Text of Proposed Regulations and Addition of Documents Relied Upon (“Notice”).  The Notice extends the comment period for the following proposed rulemakings, in response to comments received during the initial … Continue Reading

SOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE – NEW AIR QUALITY AND OIL & GAS REGULATORY DEVELOPMENTS

Our latest post provides updates on environmental and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley.  We welcome your comments and contributions. Legislation and Ordinances   Implementation of AB 617, CARB’s Community Air Protection Program. AB 617 requires the California Air Resources Board (CARB) by October 1, 2018 … Continue Reading

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters Exists

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the indirect discharge is sufficiently connected to navigable waters to be covered under the CWA.  … Continue Reading

Good for You, Great for Me: DOGGR Issues Notice to Operators with Guidance for Collection of Oilfield Water Quality Data

On March 7, 2018, the California Division of Oil, Gas and Geothermal Resources (“DOGGR,” or “Division”) published a notice to operators (“NTO”) regarding updated guidelines for oilfield water quality data.  The NTO outlines procedures for submission of oilfield water quality data by operators, including required notices, injectate samples, formation water samples, documentation and final report … Continue Reading

Another Hazardous Waste Enforcement Action Costs a Major Retailer Millions

On March 8, 2018, California regulators reached a settlement agreement with Home Depot wherein the retail giant agreed to pay $27.84 million for various hazardous waste violations.  The State hit Home Depot with penalties for alleged violations identified during inspections occurring between 2013 and 2015, due to improper disposal of certain types of waste, including … Continue Reading

Second Legislative Update: Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 legislative session.  Below are the latest updates on the bills our team has been following during the first half of the current legislative session.  In addition, we have included new bills introduced during the second … Continue Reading

At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and Industry Should Get Prepared

On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice (“Bureau”).  “The Bureau’s mission will be to protect people and communities that endure a disproportionate share of environmental pollution and public health hazards.”  Using existing … Continue Reading

California Issues Revised Proposed Underground Gas Storage Regulations

On February 12, 2018, the California Department of Conservation (“DOC”) issued a public notice announcing revisions to the text of the proposed regulations in the rulemaking for California Underground Gas Storage Projects.  This rulemaking follows a saga of rulemakings for underground gas storage projects in the state – both emergency and general rulemakings – which … Continue Reading

Injection Well Operators Beware: Ninth Circuit Finds Underground Injection Wells Require NPDES Permit under the Federal Clean Water Act

On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s decision, finding that the County of Maui violated the Clean Water Act (“CWA”) when it discharged treated effluent into underground injection wells, which then allowed the effluent to seep into the Pacific Ocean.  The Ninth Circuit panel held … Continue Reading
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