Tag Archives: hydraulic fracking

Article: Hydraulic Fracturing in Illinois

Arnstein & Lehr Attorney Matthew E. Cohn

Matthew E. Cohn

Arnstein & Lehr Attorney William J. Anaya

William J. Anaya

A Remarkable Presumption, Evidence and Making a Record

Arnstein & Lehr Chicago Attorneys William J. Anaya and Matthew E. Cohn authored “Hydraulic Fracturing in Illinois.” The article begins:

The Illinois General Assembly recently passed, and the governor has signed, the Illinois Hydraulic Fracturing Regulatory Act (P.A. 098-0022). The final bill was the result of an unusual collection of environmental activists and industry representatives, who produced what some describe as the toughest regulatory regime associated with oil and gas exploration in the country. Others continue to seek a moratorium on hydraulic fracturing in Illinois, but with the governor’s signature, a moratorium on hydraulic fracturing in Illinois is now merely a protest. Some are concerned that the protests will continue and impact rulemaking. To the contrary, rulemaking will not be the forum to watch competing interests sort through the issues.

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Oil and Gas Alert: U.S. EPA progress report on fracking and drinking water

On Friday, December 21, 2012 the United States Environmental Protection Agency (EPA) issued its long awaited progress report on its Study of the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources (Study). The EPA is undertaking this Study in response to a 2009 request from Congress to examine the relationship between hydraulic fracturing and drinking water resources. The EPA spent the next two years developing the scope of work for the Study to respond to Congress’s request. That scope of work was finalized in November of 2011, and the bulk of the government’s recently issued progress report describes the process and procedure of how that Study will be tasked and completed. The EPA has designed the scope of the research for its Study around five stages of the hydraulic fracturing water cycle. Each stage of the cycle is associated with a primary research question: 

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State Fracking Disclosure Requirements

Opponents of fracking argue that it is necessary for the public, and health and safety professionals, to have full access to information on the constituents of hydraulic fracturing fluids and waste. In a report released on July 26, 2012 titled, “State Hydraulic Fracturing Disclosure Rules and Enforcement: A Comparison,” the Natural Resources Defense Counsel (“NRDC”) argues that no state can boast a comprehensive chemical disclosure requirement for oil and natural gas producers using hydraulic fracturing. In an article, dated July 31, 2012, Bloomberg BNA Toxics Law Reporter reported on NRDC’s assertion that “each of the state rules we analyzed has significant gaps in its requirements.”

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