This is the final post in the series discussing water rights & regulation in the Utica and Marcellus Shale Regions. The first post discussed how oil & gas companies select water resources to supply their drilling activities. The second post discussed the riparian water rights doctrine which is followed in the Midwest. This final post
Water Rights & Regulation in the Utica and Marcellus Shale Plays- Part 1 of 3
.jpg)
World Water Day
March 22nd is World Water Day which was created, in part, to learn more about the issues that surround water. This includes the importance of access to fresh water for both people and industry. In recognition of World Water day, I will be posting a three part series this week discussing the
EPA Release New National Enforcement Initiatives for 2017-2019
On February 28, 2016, U.S. EPA publicly announced its priority enforcement areas (EPA National Enforcement Initiatives or NEIs) for the next three years (fiscal years 2017-2019). The announcement provides keen insight into how EPA plans to allocate its enforcement resources in the coming years.
EPA describes the NEIs in the following manner:
"Every three
Oil & Gas Triggers Renewed Focus on Ohio Water Rights
Oil & gas development in Ohio has reinvigorated an area of law- water rights- that had laid mostly dormant for more than a century. The need for fresh water for fracking has resulted in large investments in water infrastructure and competition among companies to secure access to prime sources of fresh water.
According to the
Aggregation of Oil & Gas Equipment for Federal Air Permitting
As part of President Obama’s Clean Power Plan, the EPA recently released rule proposal directed at the oil & gas industry. On August 27, 2015, U.S. EPA published its proposed rule for "single source permitting" for the oil & gas industry. The comment period will close October 26, 2015.
The proposed rule will
Ohio High Court Ruling on Local Authority Over Fracking More Limited Than Portrayed
Municipalities across the country have attempted to place restrictions on the use of fracking associated with oil & gas drilling. Most cases involve outright bans on fracking or more rigorous permitting requirements. Ohio was no different. Other states, like Pennsylvania and New York, both allowed local regulation of fracking. Ohio was different
Ohio Warns Oil & Gas Companies to Comply with Federal Hazardous Reporting Requirements
Back in April of this year, a citizen group filed a petition that argued Ohio illegally tried to exempt oil & gas companies from complying with federal emergency planning and citizen reporting requirements under the "Emergency Planning and Community Right-to-Know Act ("EPCRA"). EPCRA requires companies that store certain hazardous chemical above certain thresholds to inform
Ohio EPA Guidance On TENORM Oil & Gas Related Wastes
This past summer the Ohio General Assembly passed House Bill 59 which changed various aspects of the regulatory approach toward oil & gas waste material management. One aspect dealt with under H.B. 59 was the regulation of oil & gas related waste that may be considered technologically enhanced naturally occurring radioactive material (TENORM). H.B. 59
Huge Increase in Disposal of Frac Water in Ohio Deep Wells
An article in the Akron Beacon Journal discusses a study by Kent State University regarding the disposal of flow back water from natural gas fracking in deep wells in Ohio. Flow back water is the water that comes back up from fracking a natural gas well. The flow back water is considered wastewater.
A prior
Governor Signs Three Major Pieces of Environmental Legislation
Typically, environmental legislation may be passed in Ohio once every few years. In fact, most environmental regulatory reform is done in small doses during the budget bill process. In the last two weeks, Governor Kasich has signed into law three separate bills that including major environmental regulatory provisions.
- S.B. 315– Establishes new regulations for oil