Category Archives: Regulatory

Pennsylvania Considers Fracking Ban In State Forests

Pennsylvania State Representative Greg Vitalo, introduced Pennsylvania Bill 950, which, if passed, would permanently ban hydraulic fracturing within state forests.   Although three quarters of a million acres have been leased for drilling, former Governor Rendell, through executive order, restricted future leasing on such property.   The bill reportedly has bipartisan support.  Notably, it would only restrict future leasing in state forests and, consequently, the prior leases would be honored.   A prior bill which sought a five year moratorium was never passed by the State senate.  …

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NY Dept. of Health Needs Additional Time to Study Fracking, Regulations Deadline Likely to be Missed

New York’s decision whether to lift the moratorium on hydraulic fracturing has, again, been delayed.  On Tuesday, New York State Department of Health Commissioner Nirav Shah sent a letter to DEC Commissioner Joe Martens advising that he will need additional time to complete the DOH Public Health Review. In September, DEC asked DOH to conduct a Public Health Review of the draft Supplemental Generic Environmental Impact Statement (SGEIS) for High Volume Hydraulic Fracturing.  The SGEIS must be adopted before DEC can release final fracking regulations.…

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NY Landowners Consider Takings Suit if DEC Misses Fracking Deadline

A group of landowners in New York are considering filing a lawsuit if the state fails to meet its February 27, 2013 deadline to release hydraulic fracturing regulations. The Joint Landowner’s Coalition of New York released a statement last Friday saying that they are “laying the ground work for a lawsuit against New York State for a de facto taking in case [Governor Andrew Cuomo] decides to delay the release yet again.” The Takings Clause of the Fifth Amendment provides that the government may not…

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Colorado To Expand Water Testing Requirements

The Colorado Oil & Gas Conservation Commission recently announced new proposed regulations for hydraulic fracturing in that State.  Under the propose regulations, Colorado requires that operators sample nearby water well both before and after drilling activities as a way to provide assurance that water supplies are not affected by energy development and identify potential problems in the very rare instances of impact. The new testing would require testing approximately six to twelve months after drilling and would apply differently to certain areas (which some estimate…

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As Hydraulic Fracturing Deadline Nears, New York Governor Does Not Address Hydraulic Fracturing

Today’s “State of the State” address was among several key events in the next few weeks as New York makes a final determination as to hydraulic fracturing regulations in the State.   In his speech, Governor Cuomo did not shy from taking on the controversial gun control issue, among other issues.   Notably,  Governor Cuomo did not address  New York’s hydraulic fracturing regulations. Another key event will be the January 10, 2012 New York State Assembly hearing to receive public comments as to the latest version of…

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