By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen

Blog - Fracking WaterSeyfarth Synopsis: With significant objection from Industry, EPA has issued its Final Report on whether hydraulic fracturing activities can impact drinking water resources under certain circumstances.

The U.S. Environmental Protection Agency published its controversial final report on “Hydraulic Fracturing for Oil and Gas: Impacts from
Continue Reading EPA Releases Final Report on Impacts on Drinking Water from Hydraulic Fracturing

shutterstock_206483089Seyfarth Partner Andrew H. Perellis is quoted in this Forbes Legal News article today, Sierra Club’s Legal Theory In Frackquake Case Draws ‘Star Trek’ Comparison (March 31, 2016).

The article concerns a complaint filed on Feb. 16 in the U.S. District Court for the Western District of Oklahoma, Sierra Club v. Chesapeake Operating LLC, Devon Energy Production Co. LP, and
Continue Reading Is Increased Seismic Activity from the Disposal of Fracking Fluid Actionable Under RCRA?

By Patrick D. Joyce and Craig B. Simonsen

Blog - Fracking WaterThe U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking water resources. 80 Fed. Reg. 32111 (June 5, 2015).

The report, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil
Continue Reading EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing

By Brent I. Clark and Craig B. Simonsen

OSHA has just released a new Safety Bulletin on “Hydraulic Fracturing and Flowback Hazards Other than Respirable Silica” (OSHA 3763-12 2014).

Hydraulic fracturing involves pumping large volumes of fluid blended with proppant and chemicals at pressures necessary to fracture a “hydrocarboncontaining formation.” According to OSHA, each year, an estimated 35,000
Continue Reading New OSHA Hazard Safety Bulletin for the Hydraulic Fracturing Industries

By Patrick D. Joyce, Philip L. Comella, and Craig B. Simonsen

The Illinois Department of Natural Resources’ proposed rules on “High Volume Horizontal Hydraulic Fracturing” were recently approved, and will soon be published in the Illinois Register.

Bloomberg BNA reported that the Illinois’ Joint Commission for Administrative Rules (JCAR), approved the DNR rules implementing the Part
Continue Reading Illinois Rules on “High Volume Horizontal Hydraulic Fracturing” Become Law

By James L. Curtis, Kerry M. Mohan, and Craig B. Simonsen

The National Institute for Occupational Safety and Health blogged yesterday about reports of worker fatalities during oil and gas extraction flowback operations. Flowback refers to process fluids from the wellbore that return to the surface and are collected after hydraulic fracturing (fracking) is completed.

According to information collected
Continue Reading NIOSH Investigating Worker Deaths From Acute Chemical Exposures During Fracking Activities

By Patrick D. Joyce

This week Earthjustice, the Sierra Club, the Natural Resources Defense Council and 61 others filed a petition with the U.S. Environmental Protection Agency urging the Agency to list oil and gas wells using hydraulic fracturing (fracking) near urban areas as “area sources” under the Clean Air Act.

The petition comes days after EPA Administrator Gina McCarthy
Continue Reading Environmental Groups Urge EPA to Limit Air Pollution from Fracking Activities Near Urban Areas

By Kevin A. Fritz, Philip L. Comella, and Craig B. Simonsen

EPA Administrator Gina McCarthy just signed an Advanced Notice of Proposed Rulemaking (ANPR) seeking public comment to ensure that reported information about fracking chemicals and mixtures are presented to the public in a transparent fashion.

The EPA, generally, does acknowledge that fracking plays a “key role in our
Continue Reading EPA Publishes Advanced Notice of Proposed Rulemaking to “Enhance Transparency” for Chemicals and Mixtures Used in Fracking

By Kevin A. Fritz and Craig B. Simonsen

The Secretary of Energy Advisory Board (SEAB)’s FracFocus 2.0 database houses information collected from Federal and State regulatory agencies required as part of their regulatory requirements to disclose the composition and quantities of fracturing fluids that are injected into unconventional oil and gas wells.

In 2013, Secretary of Energy Moniz charged SEAB
Continue Reading Federal Energy Advisory Board Seeks Comment on Draft “FracFocus” Report

By Patrick D. Joyce, Philip L. Comella, and William R. Schubert

The U.S. Environmental Protection Agency’s Office of Inspector General, in a February 5, 2014 memorandum, stated that it intends to evaluate how federal and state regulation of the hydraulic fracturing (fracking) industry has protected water resources and managed potential threats. “EPA’s Oversight of Hydraulic Fracturing Impact on

Continue Reading EPA Eyes Potential Impact of Fracking on Water Resources