hydraulic fracturing

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By James L. Curtis and Craig B. Simonsen

Members of the U.S. Senate Committee on Health Education Labor and Pensions, including sixteen Senators, have asked the Occupational Safety and Health Administration to extend its extended public comment period on its Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silica for a full ninety days.

We had previously blogged on…
Continue Reading Senators Ask OSHA to Consider the Fracking Industry Economy and to More Fully Extend the Comment Deadline for Proposed Silica Worker Exposure Hazards Rule

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

Illinois and California, two states that passed major pieces of legislation governing hydraulic fracturing (fracking) earlier this year, have just released drafts of the regulations that will implement their new laws.

What are the major issues?  While the two States’ schemes are not identical (please see our previous…
Continue Reading Draft Fracking Regs Are Out In Illinois and California

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration has extended the public comment period for an additional forty-seven days on the Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silica. 78 Fed. Reg. 65242 (Oct. 31, 2013).

We had previously blogged on the significant OSHA proposal that is intended to lower worker exposure…
Continue Reading OSHA Extends the Comment Deadline for Proposed Silica Worker Exposure Hazards Rule

By Philip L. Comella and William R. Schubert

California is the most recent state to pass a new, comprehensive statute with which to regulate the hydraulic fracturing industry.

The California statute is making headlines, and for a good reason: California contains an estimated two thirds of the nation’s shale-rock oil deposits. Further, since many details underlying the law remain unsettled,…
Continue Reading California Passes Fracking Law

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration has just proposed a rule that is intended to lower worker exposure to crystalline silica, which it claims “kills hundreds of workers and sickens thousands more each year.” 78 Fed. Reg. 56274 (September 12, 2013). The proposal is aimed at curbing lung cancer, silicosis, chronic obstructive…
Continue Reading OSHA Proposes Silica Worker Exposure Hazards Rule

By James L. Curtis, Jeryl L. Olson, and Craig B. Simonsen

Is respirable silica the “new” asbestos-like hazard for workplace exposure? OSHA and Canada appear to think so.

OSHA, along with its sister agency, NIOSH (National Institute for Occupational Safety and Health), have recently posted a “hazard alert” for Worker Exposure to Silica during Hydraulic Fracturing.  In…

Continue Reading Silica – The New Asbestos? OSHA Fracking Hazard Alert and British Columbia Proposed Construction Hazards Rule

Andrew H. Perellis and William R. Schubert

The Illinois General Assembly passed and Governor Pat Quinn signed into law a highly-publicized bill overhauling the regulation of hydraulic fracturing (fracking). Public Act 098-0022, Hydraulic Fracturing Regulatory Act. The new Illinois scheme will be among the most stringent and comprehensive in the Country, and a likely model for other States seeking…
Continue Reading Illinois Enacts Stringent Fracking Legislation

By Jeryl L. Olson, Philip L. Comella, and William R. Schubert

Over a year ago the Department of the Interior released a draft of a proposed rule governing hydraulic fracturing (fracking) on public lands.  We blogged about the details of that version of the proposal upon its unofficial release.

After withdrawing the original draft based on concerns of overregulation…
Continue Reading Breaking News: DOI Updates Proposed Rule for Fracking on Public Lands

By Jeryl L. Olson and Eric E. Boyd

On May 10, 2012, the U.S. Environmental Protection Agency (EPA) published its draft “Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels.” The initial public comment period for this proposal was 60 days, ending on July 9, 2012. In response to requests from stakeholders, the EPA has …

Continue Reading EPA Permitting Guidance for Fracking Activities Using Diesel Fuels

By Brent I. Clark and Craig B. Simonsen

The U.S. Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) recently issued a hazard alert on hydraulic fracturing operations intended to protect workers from silica exposure. According to the OSHA press release the action was taken after consultation with stakeholders and that it also …

Continue Reading Occupational Hazard Alert for Fracking Operations