American Oil and Gas Reporter - January 2017 - 19

the agency for a future determination of
whether revisions to those rules are
necessary.
"While we are disappointed that
further consideration was not given to
the arguments outlined in TIPRO's
motions, we are pleased that the court
made it abundantly clear that the EPA
and environmental groups cannot
negotiate the substantive content of a
RCRA rule for oil and gas wastes in this
case," Longanecker says. "TIPRO will
watch this case closely, and continue
with our ongoing analysis of frivolous
lawsuits targeting the oil and gas
industry." ❒

Foundation sued BOEM, BSEE and
DOI on Nov. 15 over their authorizing
well stimulation for offshore wells
without an EIS. The plaintiffs also
challenge the agencies' decision to
authorize offshore fracturing and other
well stimulation practices without
consulting wildlife agencies about
possible impacts on threatened or
endangered species, a violation of the
Endangered Species Act.
The two anti-development groups are
asking the court to declare the agencies
in violation of NEPA and ESA, and
prohibit them from authorizing well

stimulation operations on the Pacific
OCS until they comply with federal
regulations.
Those lawsuits were joined Dec. 19
by one filed by California Attorney
General Kamala Harris and the
California Coastal Commission, also in
the U.S. District Court for the Central
District of California, the National
Ocean Industries Association reports.
NOIA says the state's complaint
alleges BOEM and BSEE failed to fully
analyze and disclose the potential
environmental risks of offshore
hydraulic fracturing and acidizing. The

Environmental Groups,
California Sue To Stop
Fracturing In Pacific
LOS ANGELES-California's
offshore oil and gas industry faces legal
challenges from anti-development
groups as well as the state that claim
federal agencies failed to follow
government regulations by approving
the use of well stimulation techniques
on the state's 23 offshore platforms.
The Environmental Defense Center
and Santa Barbara Channelkeeper filed
suit Nov. 11 in the U.S. District Court,
Central District of California, Western
Division, against the Bureau of Ocean
Energy Management, Bureau of Safety
and Environmental Enforcement, and
the Department of the Interior.
According to court documents, the
plaintiffs allege the agencies violated
the National Environmental Policy Act
in ending a moratorium on permit
approvals for well stimulation
treatments, including acidizing and
hydraulic fracturing, and for allowing
those treatments in Southern California
Outer Continental Shelf waters. The
government was wrong to issue a
finding of no significant impact
(FONSI) in approving the agencies'
environmental assessment, the groups
claim.
The May 27 FONSI ended a
moratorium on permit approvals for
well stimulation treatments and allowed
their use off California without
conditions, mitigations or limitations,
the plaintiffs state. The groups are
asking the court to declare the agencies'
actions a violation of NEPA, and to
block any offshore stimulation
treatments until an environmental
impact statement is prepared.
In a similar case, the Center for
Biological Diversity and Wishtoyo
JANUARY 2017 19



American Oil and Gas Reporter - January 2017

Table of Contents for the Digital Edition of American Oil and Gas Reporter - January 2017

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