Last week, a judge in Alameda County Superior Court denied the Center for Biological Diversity's motion for summary judgment in a case arguing that DOGGR is obligated to regulate hydraulic fracturing activities under the state's underground injection control (UIC) program. The Center challenged DOGGR's position that the federal Energy Policy Act of 2005 exempts fracking from the state UIC program under the Safe Drinking Water Act (see January 25, 2013, post). The judge sided with DOGGR, finding that the exemption of fracking activities from state UIC regulations was consistent with the Safe Drinking Water Act and DOGGR's interpretation should be afforded great weight unless clearly erroneous.… Continue Reading
At a conference in Los Angeles at the end of July, the chair of the State Water Resources Control Board (SWRCB), Felicia Marcus, noted that the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) is delaying the release of its draft regulations of hydraulic fracturing until after the state's legislative session. Marcus indicated that DOGGR is waiting to see whether the legislature will pass the remaining bill to regulate fracking, Senator Pavley's SB 4.… Continue Reading
The Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) today announced the second of three public workshops on its draft discussion regulations governing hydraulic fracturing. The agenda includes pre-fracking well testing, advance notification, monitoring, and disclosures, trade secrets and handling relating to fracking fluids.… Continue Reading
On February 12, California lawmakers convened a joint legislative hearing to discuss the proposed regulations governing hydraulic fracturing in California. For further information about the proposed regulations, see the December 19 post. The lawmakers heard from four panels, including the Department of Conservation's Division of Oil, Gas and Geothermal Resources (DOGGR), Department of Toxic Substances Control, State Water Resources Control Board, Air Resources Board and various local agencies, stakeholders and environmental organizations.… Continue Reading
The Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) announced it will hold the first of three stakeholder workshops next week for input on the discussion draft regulations governing hydraulic fracking that it released in December. The first workshop will be held on February 19 in Los Angeles. DOGGR also plans to hold workshops in Bakersfield and Sacramento.… Continue Reading
The Center for Biological Diversity filed another lawsuit yesterday in Alameda County Superior Court against the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) challenging permits issued for oil and gas well operations that allow hydraulic fracturing. The Center alleges in the complaint that DOGGR's issuance of permits for well operations that include fracking violates the state's Underground Injection Control (UIC) program and Public Resources Code.… Continue Reading
On December 20, the Alaska Oil and Gas Conservation Commission (AOGCC) released proposed regulations governing hydraulic fracturing. The regulations would require AOGCC approval to conduct fracking activities. This is in contrast to the California Department of Conservation’s Division of Oil, Gas, and Geothermal Resources Division (DOGGR) recently proposed “discussion draft” of potential fracking regulations (see … Continue Reading
Yesterday, the California Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) released what they are calling a "discussion draft" of a rule regulating hydraulic fracturing. The draft rule imposes new requirements specific to fracking operations, including testing, monitoring, disclosure and fluid handling obligations.… Continue Reading
In an action plan provided to EPA on November 16, the California Division of Oil, Gas, and Geothermal Resources (DOGGR) committed to initiate rulemaking in 2013 to increase groundwater protection relating to fracking through its underground injection control (UIC) program. DOGGR developed the plan in response to EPA's request to address concerns relating to EPA's 2011 review of DOGGR's UIC program. In the plan, DOGGR indicates the rulemaking will address the UIC program as well as well construction and plugging and abandonment regulations.… Continue Reading
After intense lobbying from Central Valley legislators and the oil and gas exploration and production industry, on November 3, 2011, Governor Jerry Brown removed Elena Miller as Supervisor of the Division of Oil, Gas, and Geothermal Resources (DOGGR) within the Department of Conservation. Appointed in 2009, Miller’s tenure as the DOGGR Supervisor has been plagued … Continue Reading
