The Drill Down

– Assistant Attorney General John Robinson

In March 2015, the Bureau of Land Management (BLM) publicized a new regulation known as the Hydraulic Fracturing Rule. This Rule came after more than four years of BLM efforts to govern hydraulic fracturing or “fracking” operations on all federal and Indian lands in the U.S.

Specifically, the Rule was aimed at protecting groundwater resources through new casing and cementing requirements and increasing transparency through greater public disclosure of chemicals used. However, the Rule’s one-size-fits-all approach added red tape and bureaucracy without actually improving resource protection.

A coalition of states and two industry groups immediately challenged the Rule in federal court. Colorado, Wyoming, North Dakota and Utah argued that the Rule should be struck down for two reasons. First, the Rule was outside of the BLM’s authority and second, the BLM did not support the Rule with the best available science required.

In June 2016, the court sided with the states and held that the Rule was outside of the BLM’s power. This decision is currently on appeal.

Utah already regulates hydraulic fracturing on both state and federal lands, and there have been no fracking-related undesirable events in the state. As such, the Rule would have been a burden to operators working on federal land without any additional environmental protections; that is, the Rule imposed costs without benefits.

The Division’s Oil and Gas Program will continue to require best engineering practices for any given location that provides maximum protection to groundwater and other natural resources, the environment, and the citizens of Utah.

Hydraulic fracturing produces fractures in the rock formation that stimulate the flow of natural gas or oil, increasing the volumes that can be recovered. Fractures are created by pumping large quantities of fluid at high pressure down a wellbore and into the target rock formation. Hydraulic fracturing fluid commonly consists of water, sand and chemical additives that open and enlarge fractures within the rock formation.

Once the injection process is completed, the fluid is pumped to the surface through the wellbore. This fluid is known as produced water and may contain the injected chemicals plus naturally occurring materials such as brines and hydrocarbons. The produced water is typically stored on site in tanks or pits before treatment, disposal or recycling. In many cases, it is injected underground for disposal.

The first commercially successful application of hydraulic fracturing occurred in 1950. Today it is a common practice and is generally necessary to achieve adequate flow rates in oil and gas wells.