Shale Watch Now Posting on Environmental Law Monitor

We’re moving! Shale Watch has started posting on Environmental Law Monitor – Goldberg Segalla’s newest resource for up-to-date information on all things happening in environmental law. ELM reviews the latest legal developments arising out of hydraulic fracturing, as well as the legal implications environmental policy and regulation have on manufacturing, distribution, end usage, and product disposal. All future hydraulic fracturing-related updates will be published through the Environmental Law Monitor’s weekly email digest. Sign up for the ELM weekly digest to continue receiving updates on everything hydraulic fracturing.
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Fracking Litigation Comes To Florida

Environmental groups recently filed a lawsuit in the United States District Court for the Southern District of Florida, Fort Myers Division, seeking to challenge the National Park Service, Department of the Interior, and others, with respect to the recent approval of seismic testing.  Seismic testing is utilized  to identify oil and gas.  Specifically, the plaintiffs allege that the testing threatens the Big Cypress national preserve:  “Big Cypress is an extraordinary and unique national treasure. It is an extension of the Everglades hydrologic system and provides nearly half of the water flowing into Everglades National Park. Water flows across the surface of the Preserve in marshes and sloughs and below the surface of the Preserve through porous aquifers. Big Cypress serves as a significant recharge area to aquifers, including portions of the Biscayne ...
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Pennsylvania Commission Approves New Regulations

After considerable debate, Pennsylvania is one step closer to approving new regulations for hydraulic fracturing.   Specifically, on April 21, the Independent Regulatory Review Commission (IRRC) held a lengthy hearing with respect to the new proposed regulations.   The IRRC then approved the new proposed regulations. Among other things, the new regulations (1) ban waste pits for unconventional gas drilling, (2) requires permits and water management plan  for certain drillers, (3) requires vandal proofing of tanks, and (4) requires well site restoration within nine months of drilling completion. For more information regarding the new proposed regulations,  please see the PADEP’s fact sheet. The Pennsylvania House and Senate Environmental Resources and Energy committees will review the IRRC’s decision.      
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Illinois Appellate Court Upholds Denial of Injunction To Property Owners

An Illinois appellate court has upheld a lower court’s denial of injunctive relief to certain landowners who sought to enjoin Illinois, via its regulatory body, from enforcing newly adopted hydraulic fracturing regulations in the state. Specifically, in Smith v. Dep’t of Resources, NO. 5-14-0583, 2015 Ill. App. LEXIS 536 (Ill. 5th Dist. App. July 10, 2015), Plaintiffs commenced an action against the Illinois Department of Resources, among others, seeking a preliminary injunction to stop the state from implementing the regulations recently adopted by the state.   Previously, Illinois passed the Hydraulic Fracturing Act (225 ILCS 732/1-130 (West Supp. 2013)), which empowered the state’s regulatory body to adopt rules under the act. During the process of adopting the relevant rules, plaintiffs, who were essentially comprised of landowners, filed an action in the Madison County ...
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Top Fracking Related Legal Stories For The Week

North Carolina Fracking Permits Hit Lawsuit Snag New York Unveils Its Fracking Prohibition Regulations Utah Joins Other States That Seek To Challenge BLM Regulations SMU Releases Study Related To Seismic Activity and Hydraulic Fracturing
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