Fracking Insider

Fracking Insider

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

EPA Releases Guidance for Hydraulic Fracturing Using Diesel Fuels

Posted in Regulatory

The EPA on Tuesday released its final guidance document for permitting of hydraulic fracturing operations when diesel fuels are added to the fracking fluid. The guidance is intended to be used by EPA permit writers administering the Safe Drinking Water Act’s Underground Injection Control (UIC) Program.  Hydraulic fracturing was exempted from the jurisdiction of UIC in the Energy Policy Act of 2005, except when diesel fuels are used in the process. An interpretive memorandum issued along with the guidance applies the permitting requirements for Class II wells in the UIC program to wells where hydraulic fracturing is used, but also gives permit writers discretion to use alternative approaches that are consistent with regulatory and statutory requirements. Continue Reading

Fracking Insider Contributors Published in Unconventional Oil & Gas Report

Posted in Legislative, Regulatory

Fracking Insider authors Wayne D’Angelo and Andrew McNamee have published a piece in the Unconventional Oil & Gas Report, a product of the Oil & Gas Journal. Their piece, “Fracing faces legal and regulatory challenges in 2014,” was published on February 2nd, and provides an analysis of regulatory issues likely to be faced by the hydraulic fracturing industry this year, including methane regulation, LNG export, and state preemption of municipal regulations.

Hydraulic Fracturing: State Regulatory Roundup Vol. 30

Posted in Litigation, Regulatory

Fracking Insider Readers: We are pleased to bring you Volume 30 of our State Regulatory Roundup, including updates in Minnesota, New York, and Pennsylvania. 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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