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William A. Ruskin: Hydrofracking and The Battle Over Water in South Texas

By William A. Ruskin In an article titled, " Introduction to Hydraulic Fracturing Natural Gas Exploration ," Rebecca Jo Reser , an IADC member and partner at the San Antonio, Texas law firm of Davidson Troilo Ream & Garza, discusses the potential burden that hydraulic fracturing imposes...

Fulbright & Jaworski LLP: EPA Now Requires 2-Day Notice of Hydraulic Fracturing Operations

In mid-April 2012, the EPA issued its new air emissions regulations relating to processes and equipment at natural gas well sites. While many of these regulations have been highlighted by the EPA (such as the required use of "green completion" equipment after January 1, 2015), a notice requirement...

Fulbright & Jaworski LLP: New EPA Report Again Ties Wyoming Water Pollution To Fracking

On October 10, 2012, as a follow-up to its December 2011 draft report concerning allegations of groundwater contamination in Pavillion, Wyoming, the EPA released the methodology and results for additional water samples collected from two monitoring wells by the U.S. Geological Society, in cooperation...

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...

Fulbright & Jaworski LLP Fracking Blog: Federal vs. State Regulation

On September 10, 2012, members of the U.S. House of Representatives' Committee on Natural Resources wrote to Secretary of the Interior Ken Salazar, requesting that the Bureau of Land Management's proposed regulations governing hydraulic fracturing on federal land be made stronger. The group...

Steptoe & Johnson PLLC: EPA Accepting Data Regarding Hydraulic Fracturing Study

By Armando F. Benincasa In an update on its study of the potential impacts of hydraulic fracturing on drinking water resources, the U.S. Environmental Protection Agency (EPA) announced that it would be accepting data and analyses from the public to supplement data which it is already collecting and...

DLA Piper Energy Alert: With Revised Proposed Regulations, 'Fracking' Returns to the Fore of New York State's Energy Policy

By Robert J. Alessi and Jeffrey D. Kuhn New York Governor Andrew M. Cuomo's administration has issued revised proposed regulations for high-volume hydraulic fracturing (fracking or HVHF) in New York State, a move that will avoid sending the entire process back to the drawing board. Issuance...

Fulbright & Jaworski Releases 'Analysis of Hydraulic Fracturing and Shale Drilling Litigation'

By Barclay Richard Nicholson and Stephen C. Dillard Over the last four years, with the continued development and production of natural gas from shale formations throughout the country, lawsuits involving hydraulic fracturing activities have increased. Many of these lawsuits filed by landowners in...

William A. Ruskin: Among Environmentalists, Hydrofracking is Not a 'Yes or No' Issue

By William A. Ruskin On April 10, 2013, I participated in " Justice Speaks ," an event sponsored by the Justice Action Center at New York Law School on hydraulic fracturing. Joining me on the podium was Daniel Raichel , a Project Attorney with the Natural Resources Defense Council ("...

Fulbright & Jaworski Releases Trade Secrets and the Regulation of Hydraulic Fracturing - Toward a Global Perspective

This Fulbright & Jaworski L.L.P. paper is in collaboration with the global law firm Norton Rose. Trade Secrets and the Regulation of Hydraulic Fracturing provides a global view of how governments have attempted to strike a balance between the benefits of hydraulic fracturing technology innovation...

Steptoe & Johnson PLLC: Pennsylvania DEP Finds No Link Between Hydraulic Fracturing and Methane Contamination

By Armando F. Benincasa, Brian J. Pulito and Thomas J. Sengewalt After a 16-month investigation, the Pennsylvania Department of Environmental Protection announced Monday that hydraulic fracturing for natural gas by WPX Energy, Inc. was not responsible for methane contamination in three private water...

State Net Capitol Journal: Ohio's $500 Billion Oil Resource Frustrating Drillers

The Utica Shale formation in eastern Ohio grabbed the national spotlight two years ago when the state's Department of Natural Resources estimated it held 5.5 billion barrels of recoverable oil, more than twice Yemen's oil resource and worth nearly $500 billion. But U.S. drillers that set up rigs...

Steptoe & Johnson PLLC: Ohio Attorney General Rules Counties May Sell Water to Oil and Gas Operators

The Ohio Attorney General's office was recently asked to give its opinion on a county's authority to sell water that is available to oil and gas drillers in need of large quantities of water for hydraulic fracturing purposes. Specifically, Harrison County had inquired about the legality of entering...

California Energy Group Defends Oil and Gas Leasing

DENVER - A California nonprofit, non-partisan trade association that represents some 450 independent crude oil and natural gas producers, royalty owners, and service and supply companies on Juje 25 filed its brief with a California federal district court defending federal oil and gas leasing in the nation’s...

Mediation in Oil and Gas Law Disputes

By Lisa C. McManus, Esq. [1] | Discourage litigation. Persuade your neighbors to compromise wherever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There...

Steptoe & Johnson PLLC: Mechanical Integrity Assessment in Pennsylvania

By Stephen C. Smith Well operators in Pennsylvania must inspect each operating well at least quarterly to ensure it is in compliance with the well construction and operating requirements as required by Pa. Code title 25, § 78.88 . At a minimum, inspections must determine: (1) The well-head...

State Net Capitol Journal: Colorado Gov. Hickenlooper Proposes New Colorado Drilling Regulations

Colorado Gov. John Hickenlooper (D) last week proposed new rules to regulate greenhouse gas emissions from oil and gas drilling operations in the Centennial State. His proposals include a first-in-the-nation call to force drillers to reduce the emission of methane, a potent greenhouse gas linked to global...