By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen
Seyfarth 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
Seyfarth 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
The 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
Thomas Galassi, Director of OSHA’s Directorate of Enforcement Programs, through a very short Memorandum (Memo), announced that OSHA has just added employers in the Oil and Gas Production Services and Drilling and Well Servicing industries to its High-Emphasis Hazards in the Severe Violator Enforcement Program.
We have written previously about steady growth
Continue Reading OSHA Adds “Upstream Oil and Gas” to List for Severe Violator Enforcement Program
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 Kevin A. Fritz and Craig B. Simonsen
The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published an Advisory Bulletin (ADB–2014–05) and a “Guidance for Strengthening Pipeline Safety Through Rigorous Program Evaluation and Meaningful Metrics” (Guidance). Notice of Issuance of Advisory Bulletin, 79 Fed. Reg. 61937 (October 15, 2014).
PHMSA rules require operator self‐evaluation as part of an “effective
Continue Reading PHMSA Issues Guidance for Strengthening Pipeline Safety Through “Rigorous Program Evaluation and Meaningful Metrics”
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
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