Comment: Fracing the Environment?: An Examination of the Effects and Regulation of Hydraulic Fracturing

By Brian J. Smith, J.D., Texas Wesleyan School of Law I. Introduction "Fracing is now essential to economic production of oil and gas and commonly used throughout Texas, the United States, and the world," and as worldwide demand for fossil fuel rises, it will become an increasingly...

New Report Links Fracking to Potential Health Issues

By Steven M. Siros, Partner, Jenner & Block A recent study by the Colorado School of Public Health has linked hydraulic fracturing to elevated levels of petroleum hydrocarbons in the air near drilling sites. The study, to be published in Science of the Total Environment , identified cancer and...

USEPA Promulgates New Fracking Air Rules

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...

State Net Capitol Journal Legislative Updates: Wyoming Approves Hunting of Wolves

ENVIRONMENT The WYOMING Game and Fish Commission approves a plan to allow hunters to kill up to 52 wolves in the Equality State this fall (IDAHO STATESMAN [BOISE]). • The HAWAII House gives final approval to HB 2296, which would bar the import and sale of products that contain bear gallbladders...

State Net Capitol Journal Legislative Updates: Vermont Bans Shale Gas Fracking

ENVIRONMENT The ILLINOIS Senate approves HB 4119, which would ban the sale or possession of shark fins, a delicacy often used in Chinese cooking. The measure moves to Gov. Pat Quinn (D) for review (QUAD-CITY TIMES [DAVENPORT]). • VERMONT Gov. Pete Shumlin (D) signs HB 464, a bill making the...

Colorado Hydraulic Fracturing Toxic Tort Case Dismissed By Lone Pine Order, by William A. Ruskin

By William A. Ruskin A Lone Pine Order is an innovative judicial case management tool that requires toxic tort plaintiffs to produce credible expert evidence to support their theory of causation (or another key component of plaintiffs' claim) prior to the commencement of pre-trial discovery....

Natural Gas Fracking Itself Is Not Contaminating Groundwater; Poor Waste Management and Bore Wells Are

Prior posts have noted groundwater contamination associated with natural gas produced from deep shale deposits by hydraulic fracturing. A study by researchers (with no industry contributions) concludes that such pollution results not from liquids pumped down to the shale deposits to fracture the deep...

State Net Capitol Journal Legislative Updates: Ohio and California Legislatures Approve Measures for Regulation of Shale Gas Fracking

ENERGY: The OHIO House and Senate approve SB 315, which requires greater disclosure of chemicals used in the hydraulic fracturing, or fracking, process to extract natural gas from underground shale deposits. The measure also requires water sampling within 1,500 feet of proposed water wells, mandates...

State Net Capitol Journal Legislative Updates: Ohio Governor Signs Law Requiring Lake Erie Water Permits

ENVIRONMENT: The NORTH CAROLINA Senate approves SB 820, legislation that would legalize the natural gas drilling process known as hydraulic fracturing, or fracking, in the Tar Heel State. The measure moves to the House (NEWS & OBSERVER [RALEIGH]). • OHIO Gov. John Kasich (R) signs HB 473, which...

State Net Capitol Journal Legislative Updates: Natural Gas Fracking in Ohio and New York

KASICH SIGNS OH FRACKING BILL: Ohio Gov. John Kasich (R) signed sweeping energy legislation last week (SB 315) that among many provisions establishes new rules regulating natural gas drilling procedures in the Buckeye State. But some Republican lawmakers are already planning to challenge the governor...

State Net Capitol Journal Legislative Updates: Fracking Not A Watered-Down Topic

FRACKING REMAINS A HOT TOPIC IN MANY STATES: The controversial process of hydraulic fracturing, also known as "fracking," has boiled over in numerous statehouses this year. The battle has often come down along party lines, with Republicans heavily supporting measures allowing the process over...

State Net Capitol Journal Legislative Updates: Ohio Governor Continues to Push for Shale Fracking Tax

KASICH CONTINUES PUSH FOR DRILLING TAX: Ohio Gov. John Kasich (R) renewed his call to impose steeper oil and gas drilling taxes on out-of-state oil companies in order to pay for an income tax cut for Buckeye State residents, telling reporters, "The point is for out-of-state oil companies to pay...

Arnold & Porter: Hydraulic Fracturing – Legislative and Regulatory Materials and the Comprehensive Case Chart

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP Hydraulic fracturing (fracking), a process used by the oil and gas industry for more than 60 years, has attracted the national spotlight. By injecting fluids and other materials into existing wells, fracking extends oil and...

State Net Capitol Journal Legislative Updates: Brown Has Golden State Thinking Big Even In Tough Times

Brown Has Golden State Thinking Big Even In Tough Times During the 30-plus years Barbara O'Connor has known California Gov. Jerry Brown (D), she says the man once derided as "Gov. Moonbeam" has developed a well-deserved reputation as someone never inclined to back down from a big challenge...

Keller and Heckman LLP Environmental Business Alert: Fifth Circuit Upholds Texas Clean Air Act Flexible Permit Program

Fifth Circuit Upholds Texas Clean Air Act Flexible Permit Program On August 13, 2012, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) issued its opinion upholding the Texas Flexible Permit Program. For now, the decision in Texas v. U.S. Environmental Protection Agency (EPA), settles...

State Net Capitol Journal Legislative Updates: Cuomo Wants Fracking Health Review Before Allowing Hydraulic Fracturing

CUOMO WANTS NY PRE-FRACKING HEALTH REVIEW: New York Gov. Andrew Cuomo (D) said last week he will not issue a final decision on whether to allow hydraulic fracturing, or "fracking," until the Empire State has further studied the potential impact such drilling will have on public health. ...

Marten Law: Energy Policy in the Second Obama Administration

By Adam D. Orford, Dustin Till, and Daniel Timmons, Attorneys, Marten Law PLLC Excerpt from the Commentary: The current boom in oil and gas production will be one of the forces driving President Obama's energy policy in his second administration. In this article, three attorneys from...

Marten Law: California Issues Draft Hydraulic Fracturing Rule--Alaska and South Dakota Also Announce New Regulations

By Daniel K. Kolta , Associate, Marten Law PLLC In the absence of comprehensive federal regulations governing hydraulic fracturing, several states have begun to adopt their own rules. In this Emerging Issues Analysis, Daniel Kolta of Marten Law PLLC discusses draft rules released by California in...

Marten Law: California Issues Draft Hydraulic Fracturing Rule--Alaska and South Dakota Also Announce New Regulations

By Daniel K. Kolta , Associate, Marten Law PLLC In the absence of comprehensive federal regulations governing hydraulic fracturing, several states have begun to adopt their own rules. In this Emerging Issues Analysis, Daniel Kolta of Marten Law PLLC discusses draft rules released by California in...

State Net Capitol Journal Legislative Updates: New York Assembly Approves Moratorium on Fracking While Cuomo Delays Decision

ENERGY: The NEW YORK Assembly approves AB 5424-A, a bill that would impose a two-year moratorium on the natural gas and oil drilling method of hydraulic fracturing, or fracking. It is now in the Senate (STATE NET, BLOOMBERG). GOVERNORS IN BRIEF: NEW YORK Gov. Andrew Cuomo (D) denied an Associated...

Can New York Communities Use Land Use Law To Keep Hydraulic Fracturing Out Of Their Backyards?

Professor Michael Gerrard of Columbia Law School laid out the pluses and minuses fracking and climate change mitigation at a recent panel discussion. On the plus side: burning natural gas yields about one-half the amount of carbon dioxide as burning coal for the same amount of energy. This has been demonstrated...

The Legal and Regulatory Landscape of Hydraulic Fracturing - Purchase It Today

_________________________________________________________________________________________ Keep pace with the latest developments on fracking, a hotly contested and rapidly evolving area of the law. _________________________________________________________________________________________ ...

New York Lawyer Wins Green Nobel Prize

By Meredith James and Dianne Saxe. Helen Slottje, a lawyer in Ithaca, New York, was recently awarded the Goldman Environmental Prize for her work “helping towns across New York defend themselves from oil and gas companies by passing local bans on fracking” (the US equivalent of anti-fracking...

USEPA Seeking to Obtain Information on Hydraulic Fracturing Chemicals and Mixtures

By Meredith Odato Graham The U.S. Environmental Protection Agency (USEPA) has announced the availability of an advance notice of proposed rulemaking (ANPR) to solicit public comments on “the information that should be reported or disclosed for hydraulic fracturing chemical substances and...

EPA Evaluates Fracking Chemicals

The EPA recently initiated a process that may result in the first federal regulation of chemicals used in fracking, a drilling technique that has significantly enhanced energy production and development in the United States. In a response to a citizen petition under Section 21 of TSCA submitted by...