New EPA Rules Address Potential Hazards of Air Emissions from Fracking

By Marc Karell, P.E., CEM, Principal, Climate Change & Environmental Services, LLC While the focus of the environmental controversy concerning hydraulic fracturing ("fracking") has been the alleged contamination of aquifers and other drinking water supplies, a recent U. of Colorado study...

Fulbright & Jaworski: Hydraulic Fracturing as a Subsurface Trespass, Part 1 in a Series of 5

This article is the first in a series of five posts. Hydraulic fracturing activities continue to rise, and are at the center of much debate and litigation focusing on the potential health risks associated with the process. But an emerging issue with fracturing activities, and one that only the...

Steptoe & Johnson PLLC: Pennsylvania Court Throws Out Zoning Provisions Governing Marcellus Shale Activities

By Russell L. Schetroma and Nathaniel I. Holland In a 4-3 decision [ enhanced version available to lexis.com subscribers ], the Pennsylvania Commonwealth Court struck down portions of the state's new law - dubbed Act 13 - governing Marcellus shale activities as unconstitutional. In their decision...

Fulbright Briefing: Pa. Commonwealth Court Overturns Significant Portions of Act 13; Appeal Filed Next Day

By Kenneth S. Komoroski , Matthew H. Sepp and Michael P. Gaetani The Pennsylvania General Assembly enacted the Oil and Gas Act ("Act 13"), which substantially revises the Oil and Gas Act of 1984, 58 P.S. § 601.101 et seq., and was signed into law by Governor Tom Corbett on February...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...