The Vinson & Elkins Shale and Fracking Tracker
Our Shale and Fracking Tracker focuses on legal, regulatory and other newsworthy developments that affect our clients involved in recovering oil and gas from the emerging shale plays using the critical techniques of horizontal drilling and hydraulic fracturing, or fracking.
Our Fracking Tracker is a product of our Shale and Fracking Practice Group, a cross-disciplinary and international team led by senior members of our Litigation, Environmental, Transactional, and Intellectual Property practice groups. Visit our V&E Fracking Practice Group page to learn more about our attorneys and our practice in this dynamic area.
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January 11, 2014 - California Offshore Drillers Must Disclose Hydraulic Fracturing Chemicals
EPA issued a new General NPDES permit for offshore oil and gas operations off the coast of Southern California on Thursday, January 9, 2014, that requires drillers to maintain an inventory of chemicals used for well treatment, completion, and workover fluids (including hydraulic fracturing fluids) and report the chemical formulation for any discharge of such fluids in their quarterly discharge monitoring reports. To see EPA’s published notice of availability of the final NPDES general permit, click here.
November 19, 2013 - Colorado and Ohio Elections Yield Different Results for Moratoriums on Hydraulic Fracturing
In Colorado, voters in Boulder, Fort Collins, and Broomfield approved five-year moratoriums on hydraulic fracturing within their boundaries in elections held on November 5th. The recently certified Broomfield vote was so close that it has triggered an automatic recount the week of November 19th. Lafayette, CO, voters approved a resolution banning hydraulic fracturing completely and preventing the transport of drilling waste or chemicals through the town. In Youngstown, OH, a “Community Bill of Rights” amendment to the city’s charter that would have prohibited hydraulic fracturing failed by a ten percent margin. A similar charter amendment in Bowling Green, OH lost 75% to 25% while the college town of Oberlin, OH, approved a ballot initiative banning fracking within the city limits.
V&E Fracking Resources
Hydraulic Fracturing Fluid Disclosure Requirements
Vinson & Elkins’ Shale & Fracking Practice Group has updated its comprehensive Hydraulic Fracturing Fluid Disclosure Requirements chart that summarizes state law for both current and proposed hydraulic fracturing fluid disclosure requirements. The chart updates the hydraulic fracturing fluid disclosure laws for Ohio, Oklahoma, and Pennsylvania. States that currently require disclosures related to hydraulic fracturing fluids include Arkansas, Colorado, Louisiana, Michigan, Montana, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Texas, and West Virginia and Wyoming. States with proposed disclosure requirements include California, Idaho, Illinois, Nebraska, and New York. Additionally, Michigan is currently considering legislation to change its disclosure requirements. The chart also covers the Bureau of Land Management’s proposed hydraulic fracturing fluid disclosure requirements for drilling on federal lands.
The chart notes required disclosures, any trade secret or proprietary information protection provisions in the disclosure requirements, how the disclosure must occur, and when operators must make the required disclosures. Click here to view the chart. We will update the chart as new rules are proposed and adopted, so please check the website periodically for updates.