Robin Seifried

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Yesterday, the Senate Committee on Environmental Quality advanced two bills that would increase regulation of hydraulic fracturing. The first of these bills, SB 4, would (1) impose a permit requirement specific to fracking activities and (2) prohibit fracking beginning January 1, 2015, pending the completion of a study on the impact of fracking (see April 11, 2013, post). The second bill, SB 395, would (1) subject the disposal of fracking-related water to underground injection control (UIC) regulations, from which oil and gas operations are currently exempt, and (2) effectively prohibit the disposal of fracking wastewater containing hazardous waste by injection (see April 8, 2013, post).
Continue Reading Senate Committee Also Advances Fracking Bills

On Monday, the Assembly Committee on Natural Resources passed three separate bills that separately would each place a moratorium on hydraulic fracturing. The next stop for these bills is the Assembly Committee on Appropriations, then the bills may advance to the floor.

Each of the three bills would restrict fracking activities pending a determination of whether and under what conditions fracking may be conducted without risk to human health or the environment. Two of the bills, AB 1301 and AB 1323, would prohibit fracking anywhere in the state. The third bill, AB 649, would only prohibit fracking, as well as the use of clean freshwater for fracking purposes, within a yet to be determined distance of an aquifer.
Continue Reading Assembly Committee Advances Bills to Impose Fracking Moratorium

Less than a month after the United States District Court for the Northern District of California’s decision that BLM failed to fully evaluate the potential impacts of hydraulic fracturing operations in granting oil and gas leases (see April 11, 2013, post), the Center for Biological Diversity and the Sierra Club have initiated a second lawsuit challenging BLM’s award of oil and gas leases for a much larger area of federal lands in California. The first suit challenged BLM’s issuance of oil and gas leases for approximately 2,700 acres of land. The second suit calls into question federal leases for nearly 18,000 acres of land. Both sets of leases involve California’s Monterey Shale Formation.
Continue Reading Environmental Groups Challenge More BLM Leases Based on District Court’s Finding that BLM Failed to Adequately Consider the Impacts of Fracking

Yesterday, the California Assembly Committee on Natural Resources passed three bills that would impose new permitting and disclosure requirements on hydraulic fracturing operations. The Committee passed and referred these three bills, AB 288, AB 7 and AB 669, to the Committee on Appropriations.
Continue Reading Committee on Natural Resources Advances Three Bills to Increase Regulation of Fracking

Last week, the UC Berkeley Center for Law, Energy and the Environment released a report recommending increased regulation and further study of the impacts of hydraulic fracturing activities in California on public health and the environment. The report focuses on the potential impacts to groundwater and surface water resources relating to the management of wastewater associated with fracking, but also touches on other environmental and public health issues, such as air emissions and increased demand for water in well completions.
Continue Reading Report Recommends More Stringent Regulation of Fracking in California

On Monday, Assembly Members amended two bills relating to hydraulic fracturing – one increasing the scope of regulated activities and another allowing trade secret protection of related disclosures. Also this week, Senator Pavley’s amended SB 4 passed the Senate Natural Resources and Water Committee.
Continue Reading Amendments to California Bills Both Weaken and Strengthen Proposed Restrictions on Fracking

A federal judge in the United States District Court for the Northern District of California in San Jose ruled that the Bureau of Land Management (BLM) failed to fully evaluate the potential impacts of hydraulic fracturing operations in granting oil and gas leases for approximately 2,700 acres of land over California’s Monterey Shale Formation. The court concluded that BLM violated the National Environmental Policy Act (NEPA) by unreasonably relying on a 2006 resource management plan and environmental impact statement governing management of the larger planning area encompassing the leases.
Continue Reading Court Finds BLM Failed to Consider the Impacts of Fracking in Granting Mineral Leases

Last week, the South Coast Air Quality Management District (SCAQMD) adopted a rule requiring pre-notification and reporting of air emissions and chemicals used in hydraulic fracturing operations. SCAQMD regulates air quality in Orange County and major portions of Los Angeles, San Bernardino and Riverside counties. The rule arose from a September 2012 symposium on fracking in the South Coast Air Basin, including representatives from the government, industry and environmental groups. In addition to fracking, the rule applies to other production stimulation activities such as gravel packing and acidizing. The rule will go into effect in early June, 60 days after its adoption on April 5.
Continue Reading California Air District Requires Fracking Notification and Disclosures

Last week, California Senator Hannah-Beth Jackson amended the bill she introduced earlier this year to further regulate the management of water produced in fracking operations. The amended bill would also shift the prior focus from regulating fracking wastewater generally as hazardous waste to the regulation of fracking wastewater disposal. Specifically, it would prohibit the injection of any wastewater containing hazardous waste.
Continue Reading Another Bill Revised to Expand Regulation of Fracking Activities

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