As an update to our prior blog post, on January 17, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) released a letter sent to notify the U.S. Environmental Protection Agency (“EPA”) of California’s progress toward compliance with the Safe Drinking Water Act. DOGGR stated that it will allow oil field wastewater injection … Continue Reading
By Tom Henry and Shannon Morrissey on Posted in Oil and Gas
On September 6, 2016, a federal Judge issued an Order finding that the U.S. Bureau of Land Management (“BLM”) failed to take a “hard look,” as required under the National Environmental Policy Act (“NEPA”), at the potential environmental impacts of hydraulic fracturing in issuing a new Resource Management Plan (“RMP”) for the Bakersfield Field Office. … Continue Reading
On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board (“Water Board”), challenging the regulators’ decision to approve an aquifer exemption for the Arroyo Grande oil field. In its latest lawsuit against DOGGR, filed in … Continue Reading
On July 19, 2016, Alameda County, California (“County”) became the first county in the Bay Area to approve a ban on hydraulic fracturing (or “fracking”). The County Board of Supervisors unanimously approved the ban through an amendment to the Alameda County Zoning Ordinance (“Ordinance”). Gen. Ordinance Code §§ 17.06.100-17.06.400. The Ordinance bans “high-intensity oil operations” … Continue Reading
On May 27, 2016, the Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”) jointly released a Programmatic Environmental Assessment (“PEA”) for well stimulation treatment activities at operations on the Outer Continental Shelf (“OCS”) of offshore California. The agencies identified and studied the environmental impacts of 43 lease areas … Continue Reading
On January 29, 2016, the Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”), agencies within the federal Department of the Interior (“DOI”), agreed to put a temporary moratorium on issuance of fracking permits in the Pacific Outer Continental Shelf until environmental review is conducted. The temporary moratorium is … Continue Reading
On Thursday, December 10, environmental organizations filed a complaint against Kern County in California Superior Court alleging that the County violated the California Environmental Quality Act (“CEQA”) by preparing a “grossly inadequate” Environmental Impact Report (“EIR”) for its new oil and gas rules. The Sierra Club, Center for Biological Diversity, and the Natural Resources Defense … Continue Reading
In a process that took nearly three years to complete, on Monday, November 9, the Kern County Board of Supervisors unanimously approved a significant change to its oil and gas regulations. The change affects Title 19 of the Kern County Zoning Ordinance and provides a streamline permitting process for oil and gas operations. The change … Continue Reading
On October 8, the California Department of Conservation (“DOC”) released a Renewal Plan for Oil and Gas Regulation (“Renewal Plan”) to revamp its regulatory program. The goal of the Renewal Plan is to continue the DOC’s focus on environmental protection and public health, and it will shape the DOC’s regulatory decisions for the next two … Continue Reading
On August 28, Earthjustice filed a petition with the State Water Resources Control Board (“Water Board”) seeking to overturn a Central Valley Regional Water Board (“Regional Board”) order allowing an oil and gas wastewater disposal company to maintain their ongoing waste water operations, which can employ unlined disposal pits in Kern County. Valley Water Management … Continue Reading
Today, July 30, the Center for Biological Diversity (“CBD”) filed a complaint in Sacramento County Superior Court against the Division of Oil, Gas & Geothermal Resources (“DOGGR”). CBD claims, among other things, that DOGGR failed to comply with Senate Bill 4 (“SB 4”) by releasing its Final EIR regarding oil and gas well stimulation treatment … Continue Reading
According to several news organizations, Governor Brown has announced plans to form a new panel to review the recent well stimulation study conducted by the California Council on Science and Technology (“CCST”). The study found that while there is little evidence that hydraulic fracturing is directly linked to widespread negative health and environmental impacts, additional data … Continue Reading
The California Council on Science & Technology (“CCST”) recently released its Independent Study of well stimulation in California. The report was prepared for the California Natural Resources Agency in response to Senate Bill 4 (“SB 4”). The Study notes the following key points: Hydraulic fracturing in California does not use a lot of fresh water … Continue Reading
On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen. The lawsuit claims Governor Brown and Supervisor Bohlen have adopted regulations that result in racially disparate impacts from well stimulation on minority students. State regulators recently implemented … Continue Reading
Yesterday, July 7, the State Water Resources Control Board (“Water Board”) adopted new requirements (“Model Criteria”) for groundwater monitoring in areas where oil and gas stimulation activities occur, such as hydraulic fracturing. The Water Board was required to develop these requirements pursuant to Senate Bill 4 (“SB 4”). The requirements cover a wide range of … Continue Reading
Yesterday, July 1, 2015, pursuant to Senate Bill 4 (“SB 4”) the State Oil & Gas Supervisor Steven Bohlen, head of the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”), certified a Final Environmental Impact Report (“Final EIR”) for oil and gas well stimulation treatments. As presented in the Final EIR, for the … Continue Reading
The State Water Resources Control Board (“Water Board”) has recently released recommendations from the Lawrence Livermore National Laboratory (“LLNL”) on Model Criteria for Groundwater Monitoring. Pursuant to Senate Bill 4 (“SB 4”), the Water Board is required to develop regulations for sampling, testing, and monitoring groundwater during hydraulic fracturing operations. The bill requires groundwater monitoring … Continue Reading
The clamor over hydraulic fracturing continued Wednesday as environmental activists filed another lawsuit to limit oil and gas development in California. The lawsuit, filed by Earthjustice on behalf of the Center for Biological Diversity and Los Padres ForestWatch, challenges a plan to open portions of federal land in California to oil and gas operations. The … Continue Reading
On Tuesday, May 19, 2015, the State Water Resources Control Board (“Water Board”) held a Public Workshop regarding the proposed Draft Model Criteria for Groundwater Monitoring (“Model Criteria”). In this meeting, the Water Board heard comments from stakeholders who voiced their support or concern regarding the Model Criteria. Dr. Steven Bohlen, the State Oil & … Continue Reading
On Friday, April 3, Citadel Exploration filed a request for dismissal in its suit against San Benito County’s Measure J. Measure J was passed in the November 2014 election and is a ban on high-intensity petroleum operations, which includes hydraulic fracturing, acid well stimulation, and cyclic steam injection. Citadel initiated this suit in February 2015, … Continue Reading
On Tuesday, March 10, California Environmental Protection Agency Secretary Matthew Rodriquez and California Natural Resources Agency (“CNRA”) Secretary John Laird testified before a joint State Senate committee hearing. At the hearing before the Natural Resources & Water Committee and the Environmental Quality Committee, Rodriguez and Laird confirmed that there has been no drinking water contamination due to … Continue Reading
On Tuesday, March 17, Monterey County’s Board of Supervisors voted against a temporary ban on hydraulic fracturing. In the 3-2 vote, the majority of Supervisors stated that there is “no evidence of an immediate threat to public health” and no pressing need to regulate fracking on the local level. There are currently no oil and … Continue Reading
On Tuesday, March 3, twelve underground injection control (“UIC”) wells in California’s Central Valley, specifically in Kern County, were shut down in order to protect subsurface drinking water from potential contamination. These shut-ins occurred just one day after a letter from Matthew Rodriquez, Secretary of the California Environmental Protection Agency, to the Governor was published, … Continue Reading
On Friday, February 27, 2015, Citadel Exploration, Inc. (“Citadel”) filed suit against San Benito County in the County’s Superior Court, arguing that state law preempts Measure J, a county ordinance that prohibits hydraulic fracturing. Hydraulic fracturing, included in the definition of well stimulation treatment, is being regulated by California’s Senate Bill 4 (“SB 4”). Also … Continue Reading
