Posts from the “Fracking” Category

In Erickson v. Minnesota Dept. of Natural Resources, No. A14–1732 (Minn. Ct. App. July 20, 2015), the Minnesota Court of Appeals interpreted a 2013 statute requiring that within the boundaries of the Paleozoic plateau ecological section, no silica sand mining may occur within one mile of a designated trout stream unless the Minnesota Department of Natural Resources (DNR) has first issued a silica sand mining trout stream setback permit. Minn. Stat. § 103G.217. The permit requirement applies only to “new silica sand mining projects and projects for which environmental review documents have been noticed for public comments after April 30, 2013.” 2013 Minn. Laws ch. 114, art. 4, § 66, at 1732. At issue was a Houston County silica sand mine that since 1992 had…

Categories: Bench & Bar, Environmental Policy, Environmental Review, Fracking, Water

Tagged: Clean Water Act, environment, environmental law, environmental policy, environmental review, frac sand, Fracking, MEPA, minnesota court of appeals, Minnesota Department of Natural Resources, Minnesota environmental law, Silica sand

Webinar on Minnesota’s Regulation of Silica (“Frac”) Sand — Tomorrow!

Jeremy P. Greenhouse

Posted on September 11, 2014

I wanted to let you know that on Friday September 12, from noon to 1:30 p.m., I will be co-hosting a webinar on the regulation of silica (or “frac”) sand mining in Minnesota. The seminar is a follow-up to an article I co-wrote with my colleague Susan Wiens earlier this year and features some outstanding panelists. For more details, see my law firm’s announcement or the Minnesota CLE page directly. Thanks!

Categories: Air, Bench & Bar, Environmental Policy, Environmental Review, Fracking, Mining, Water

Tagged: environment, environmental law, environmental policy, environmental review, frac sand, Fracking, hydraulic fracturing, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Minnesota water quality standards, MPCA, Silica sand

Minnesota Court of Appeals Upholds Negative Declaration on Silica Sand EAW

Jeremy P. Greenhouse

Posted on August 8, 2014

On June 16, 2014, the Minnesota Court of Appeals issued a decision with ramifications for Minnesota’s burgeoning silica (or “Frac”) sand industry. The court upheld the Winona County Board of Commissioners’ decisions to issue a negative declaration on the need for an environmental impact statement (EIS) and a conditional-use permit (CUP) for a proposed silica sand mining project. In Re Environmental Impact Statement, — N.W.2d —, 2014 WL 2681761 (Minn. Ct, App. 2014). The Court held that the Board had properly considered the relevant factors under the Minnesota Environmental Policy Act. In particular the Court found reasonable the Board’s conclusion that because the project was of limited size and duration, and because other projects in the area were still speculative, the potential cumulative effects…

Categories: Bench & Bar, Environmental Policy, Environmental Review, Fracking, Mining

Tagged: environment, environmental law, environmental policy, environmental review, frac sand, Fracking, minnesota court of appeals

Frac Sand Article Now Available

Jeremy P. Greenhouse

Posted on April 14, 2014

I am pleased to announce that Minnesota’s state bar magazine, Bench and Bar, has just published and article by me and a colleague of mine at the Environmental Law Group, Susan Weins, all about the silica or “frac” sand boom taking place in Minnesota. There is no actual “fracking” going on in Minnesota, but we do have one of North America’s richest deposits of silica sand, vast quantities of which are required for hydraulic fracturing (i.e. fracking). Here s a slink to the the silica sand article. Thanks!

Categories: Fracking, Hot Topics, Mining, Water

Tagged: California environmental law, Clean Water Act, Discharge, environment, environmental law, environmental policy, environmental review, frac sand, Fracking, hydraulic fracturing, Minnesota Department of Natural Resources, Minnesota environmental law, Minnesota Pollution Control Agency, NPDES, particulate matter, Silica sand, water quality, Winona

Pennsylvania Supreme Court Invokes Public Trust to Strike Down Gas Law

Jeremy P. Greenhouse

Posted on March 12, 2014

On December 19, 2013, the Pennsylvania Supreme Court issued a divided opinion that may breathe new life into an ancient environmental law concept: the public trust doctrine. In Robinson Township, Washington County v. Commonwealth of Pennsylvania, __ A.3d __, 2013 WL 6687290 (Penn. Dec. 19, 2013), the state’s high court resolved constitutional challenges to Act 13 of 2012, an amendment to the Pennsylvania Oil and Gas Act. See 58 Pa. C.S. §§ 2301-3504. The Act established a state-wide land use regime to facilitate the state’s burgeoning development of unconventional oil and gas resources in the Marcellus Shale formation. Act 13 preempted local regulation of oil and gas operations and gave power of eminent domain to natural gas corporations. The plurality agreed with local government…

Categories: Bench & Bar, Climate, Fracking, Hot Topics

Tagged: atmospheric trust litigation, climate, climate change action, environment, environmental law, environmental policy, Fracking, global warming, greenhouse gas emissions, imatter youth, Mary Christina Wood, Nature's trust, Pennsylvania Supreme Court, public trust doctrine

MPCA, DNR Announce Silica Sand Advisory Panel Members

Jeremy P. Greenhouse

Posted on March 7, 2014

In January, the Minnesota Pollution Control Agency and Minnesota Department of Natural Resources released the list of members of a new joint advisory panel that will guide the agencies as they look toward rulemaking for the regulation of silica sand (often called “frac sand” or “frack sand”) in Minnesota. In May 2013 the Minnesota Legislature adopted Laws 2013, chapter 114, now codified in Minnesota Statutes sections 116C.99 to 116C.992, requiring MPCA, DNR and the Environmental Quality Board (EQB) to promulgate rules relating, respectively, to silica sand mine reclamation, control of particulates from silica sand projects, and environmental review thresholds for silica sand mines. Information on the agencies’ rulemaking and the advisory panel is available at http://silicasand.mn.gov.

Categories: Bench & Bar, Fracking, Hot Topics, Mining, Water

Tagged: environment, environmental law, environmental policy, Environmental Quality Board, EQB, frac sand, MEPA, Minnesota Climate, Minnesota Department of Natural Resources, Minnesota environmental law, Minnesota Pollution Control Agency, Silica sand

Posts from the “Fracking” Category

Minnesota Court of Appeals Interprets New Trout Stream Setback Statute in Silica Sand Case

Jeremy P. Greenhouse

Posted on October 5, 2015

Webinar on Minnesota’s Regulation of Silica (“Frac”) Sand — Tomorrow!

Jeremy P. Greenhouse

Posted on September 11, 2014

Minnesota Court of Appeals Upholds Negative Declaration on Silica Sand EAW

Jeremy P. Greenhouse

Posted on August 8, 2014

Frac Sand Article Now Available

Jeremy P. Greenhouse

Posted on April 14, 2014

Pennsylvania Supreme Court Invokes Public Trust to Strike Down Gas Law

Jeremy P. Greenhouse

Posted on March 12, 2014

MPCA, DNR Announce Silica Sand Advisory Panel Members

Jeremy P. Greenhouse

Posted on March 7, 2014