Author Archives: Michael Rubin

EPA Seeks Public Comment on Potential Disclosure Rules for Fracking Fluids

Late last week, the Obama administration announced first steps that could result in tighter regulation of fracking, seeking public comment for 90 days on whether it should require chemical manufacturers to disclose the contents of fracking fluids injected into shale seams. The “advanced notice of proposed rulemaking” came in response to a petition by the environmental group Earthjustice, which had asked the EPA to require chemical manufacturers and processors to publish detailed information about the content of fluids used in fracking. James Jones, the EPA’s…

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This Week’s Top Fracking Related Legal News

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Researchers: An Unlikely “Romance” to Decrease the Radioactivity of Fracking Wastewater

Duke University researchers believe that mixing the wastewater from fracking operations with the hazardous drainage from mining operations, or any other salty water, may decrease the radioactivity of the fracking wastewater.  By blending fracking wastewater from the Marcellus shale with acid drainage from mines, researchers had hypothesized that the salts, metals, and radium would combine so they could be removed as solids, leaving behind water clean enough to be used in another fracking operation.  After two days, they examined the chemical and radioactive levels of …

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Lawsuit Against New York DEC Imminent

With New York’s hold on high volume fracking having entered its sixth year, Thomas West of the West Law Firm has stated that his office was “actively finishing up papers” and planning to file a lawsuit against the New York Department of Environmental Conservation on Wednesday of this week. In a letter to the DEC Commissioner earlier this month, West had demanded that the state respond by Tuesday with a timetable for completing its review on the safety of fracking, known as the Supplemental Generic…

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Wyoming Supreme Court to Determine Whether Individual Ingredients Used In Fracking Operations Are Protected from Disclosure as Trade Secrets

As a result of an appeal filed earlier this week by a coalition of environmental and landowner groups, the Wyoming Supreme Court will consider and ultimately decide whether owners and operators of gas wells may block the disclosure of the individual ingredients used in their fracking operations to the general public.  This dispute stems from a rule promulgated by the Wyoming Oil and Gas Conservation Commission (“oil and gas commission”), effective August 17, 2010, mandating the disclosure of the individual ingredients used by fracking owners/operators…

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