Written by:
Jacqueline Schweichler -
Education Programs Coordinator
The following
information is an update of recent local, state, national, and international
legal developments relevant to shale gas.
PA Impact Fee:
Pennsylvania Supreme Court Hears Arguments on Stripper Well Definition
On April 11, 2018, the
Pennsylvania Supreme Court heard arguments on the definition of “stripper
wells,” according to the Pittsburgh Post-Gazette. The case was initiated when the Public Utility
Commission alleged that Snyder Brothers Inc. (SBI) owed $500,000 in impact fees
for their natural gas wells. SBI argued that their wells met the definition of
a stripper well due to their low production levels, and thus, were not subject
to the impact fee. Act 13 defines a stripper wells as “An unconventional gas well incapable
of producing more than 90,000 cubic feet of gas per day during any calendar
month…” The question presented to the court is whether the word “any” refers to
one month or every month of the year.
State Regulation:
Colorado Court Approves Proposed Oil and Gas Setback Requirement Initiative for
Ballot
On April 6, 2018, a Colorado Supreme Court judge approved a proposed ballot initiative, Initiative 97, that would increase the buffer zone for new
oil and gas development to 2,500 feet from any occupied structure or vulnerable
area. Initiative 97 defines “vulnerable area” to include playgrounds, sports
fields, public parks, drinking water sources, lakes, rivers, and streams. The
purpose of the initiative is to reduce the negative impact of oil and gas
development on
“health, safety, welfare, and the environment.” For the initiative to qualify for the ballot, at least 98,492 valid signatures must be gathered by August 6, 2018.
“health, safety, welfare, and the environment.” For the initiative to qualify for the ballot, at least 98,492 valid signatures must be gathered by August 6, 2018.
Induced Seismicity:
Oklahoma Issues Disposal Well Reduction Order after Earthquakes
On April 9, 2018, the
Oklahoma Corporation Commission issued a disposal well reduction order for a wastewater disposal well in Garfield
County after strong earthquake activity. The order requires that the disposal
volume in the Arbuckle formation be decreased from 17 thousand barrels a day to
5 thousand barrels a day. The earthquake that initiated this order was a
4.6-magnitude earthquake followed by several smaller earthquakes on April 7th,
according to an article by Oil & Gas Journal. The article also states that the disposal well
is owned by privately held MM Energy Inc.
Air Quality: Report
Forecasts Air Pollution from Oil and Gas Exploration
A recent draft report
issued by the Western Regional Air Partnership (WRAP) provides a future year
forecast of air pollutant and greenhouse gas emissions for oil and gas
exploration and production operations. The draft report, dated January 2018,
includes an oil and gas emissions inventory for the Greater San Juan Basin in
Colorado and New Mexico, and for the Permian Basin in New Mexico and Texas. The
study examines air pollutants such as carbon monoxide and volatile organic
compounds, as well as greenhouse gases including carbon dioxide and methane.
The report, Future Year 2028 Emissions from Oil and Gas
Activity in the Greater San Juan Basin and Permian Basin, was prepared by engineering, design, and consultancy company, Ramboll.
Air Quality: Colorado
Researchers Suggest Health Risks Increase with Proximity to Oil and Gas
Facilities
On March 27, 2018, a study prepared by researchers at the Colorado School
of Public Health found that air pollutant concentrations and health risks
increased with close proximity to oil and gas facilities. The researchers
estimated acute and chronic noncancer hazards and cancer risks for exposures to
nonmethane hydrocarbons in a residential setting. According to the researchers,
current setback distances in Colorado may not protect nearby residents from
negative health effects resulting from exposure to oil and gas facility air
pollutants. They found that populations living “within 152 m of an O&G
facility are more likely to experience neurological, hematological, and
developmental health effects.” The study, Ambient Nonmethane
Hydrocarbon Levels Along Colorado’s Northern Front Range: Acute and Chronic
Health Risks,
was published in the journal Environmental Science & Technology.
"Protesters block Bayou Bridge Pipeline construction supply site in Calcasieu Parish" - The Advocate
"DEQ is open to citizen pipeline monitors, director says" - Roanoke Times
"Believers keep faith with UK fracking" - Financial Times
"As pipeline work begins, opponents continue fight" - The Fayetteville Observer
"Penn Township fracking dispute heads to court, with state’s Environmental Rights Amendment at center of lawsuit" - State Impact
"Exxon, Qatar in Talks on U.S. Shale Deal" - The Wall Street Journal
Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.
See our Global Shale Law Compendium and this week’s article, Shale Law Governance in Pennsylvania - Regulations from 2008 to 2010
Check out this week’s Shale Law in the Spotlight: Update on Induced Seismicity Regulatory Activities in the United States.
Stay informed with our monthly Agricultural Law Brief located here.
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