Fracking Insider

Fracking Insider

Commerce Department Places Severe Restrictions on Fracking Equipment Sales to Russia

Posted in Key Documents, Regulatory

This post was prepared by guest bloggers Eric McClafferty (202-342-8841) and Michael Dobson (202-342-8517), attorneys in Kelley Drye & Warren’s Export Controls and Compliance Practice.

Earlier today, the Bureau of Industry and Security (BIS) published a Federal Register notice (79 Fed. Reg. 151, 45675-82) describing expanded export controls on Russia. BIS previously implemented severe restrictions on licensable items proposed for shipment to Russia. These new and expanded BIS controls are effective today. They also build on the existing Treasury Department, Office of Foreign Assets Control (OFAC) sanctions on financing and extended payment terms on sales transactions (among other prohibitions) already released in Executive Orders 13660-62 and in derivative sectoral sanctions.

All proposed exports of fracking and petrochemical equipment, software and technology to Russia should now be reviewed under the new OFAC and new BIS sanctions programs. Continue Reading

Court Upholds Local Fracking Bans in New York State

Posted in Litigation, Regulatory

FrackingInsider has provided a few updates on the status of two municipal bans on hydraulic fracturing in the towns of Dryden and Middlefield in New York State (see our previous coverage here, here, and here). Last month, the New York State Court of Appeals sided with the towns and upheld the local bans on oil and gas development. The specific issue at hand in the case was whether towns have the right to limit oil and gas drilling using their local zoning laws, or whether the state Oil, Gas, and Solution Mining law pre-empts municipalities’ authority to ban development within municipal boundaries. Notwithstanding that the court’s 5-to-2 decision was based on an application of New York law, it was closely watched by stakeholders across the country embroiled in similar preemption debates. Interestingly, a few weeks later, a Colorado court struck down a local ban that was passed in the town of Longmont. Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 35

Posted in Legislative, Regulatory

Fracking Insider Readers: We are pleased to bring you Volume 35 of our State Regulatory Roundup, including updates in Colorado, Maryland, and North Dakota. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate to ask. Continue Reading

Longmont Fracking Ban Struck Down

Posted in Litigation

On July 24th, Boulder County District Judge Dolores Mallard struck down the Longmont, Colorado ban on hydraulic fracturing. The ban, which was passed in November 2013, amended the city’s charter to prohibit hydraulic fracturing. After some failed negotiations with the state, a suit challenging the law was brought a month later by the Colorado Oil and Gas Association. The state of Colorado joined the suit in July 2013. In her ruling, Judge Mallard indicated that the ban was contrary to Colorado law vesting primary regulatory authority over oil and gas operations within the state. She wrote, “There is no way to harmonize Longmont’s fracking ban within the stated goals of the [Colorado] Oil and Gas Conservation Act…the state interest in production, prevention of waste and protection of correlative rights, on the one hand, and Longmont’s interest in banning hydraulic fracturing on the other, present mutually exclusive positions.” In striking down the ban, Judge Mallard cited a 1992 Colorado Supreme Court case which established that while Colorado cities can regulate oil and gas activities, they cannot prohibit drilling outright.  Judge Mallard granted the plaintiffs’ requested order enjoining Longmont from enforcing the ban, but placed a stay on the order pending the appeals process. Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 34

Posted in Uncategorized

Fracking Insider Readers: We are pleased to bring you Volume 34 of our State Regulatory Roundup, including updates in Connecticut, New Jersey, and Utah. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate to ask. Continue Reading

Texas Jury Awards Nearly $3 Million to Family Alleging Health Problems from Natural Gas Wells

Posted in Litigation

An April 22nd verdict by a Texas jury awarded $2.9 million to a family that alleged natural gas wells drilled on adjacent property by Aruba Petroleum Inc. caused significant health and economic difficulties. The jury’s five to one verdict found that although Aruba’s actions were not abnormal for the area, the company did take intentional steps to cause substantial interference with the Parr family’s use of its land that constituted an intentional private nuisance. The jury rejected the Parrs’ claim for exemplary damages after finding that the company did not act with malice, but it did award damages for physical and mental pain and anguish, as well as for the loss of market value of the family’s land. Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 33

Posted in Key Documents, Litigation, Regulatory

Fracking Insider Readers: We are pleased to bring you Volume 33 of our State Regulatory Roundup, including updates in Colorado, Oklahoma, and Virginia. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate to ask. Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 32

Posted in Economic, Regulatory

Fracking Insider Readers: We are pleased to bring you Volume 32 of our State Regulatory Roundup, including updates in Colorado, North Dakota, and Texas. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate to ask. Continue Reading

Hydraulic Fracturing: State Regulatory Roundup Vol. 31

Posted in Regulatory

Fracking Insider Readers: We are pleased to bring you Volume 31 of our State Regulatory Roundup, including updates in New Jersey and North Carolina, as well as an update regarding an effort by governors to protect the primacy of state-level energy policymaking. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate to ask. Continue Reading

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