American Oil and Gas Reporter - February 2018 - 17

IndustryDigest
Laboratory," ($3.68 million) by the
University of Louisiana at Lafayette is
focused on enabling more cost-efficient
and environmentally sound recovery
from the Tuscaloosa Marine Shale,
which has been impeded by the clayrich shale's sensitivity to water.
* "Field Laboratory for Emerging
Stacked Unconventional Plays in
Central Appalachia," ($8.00 million) by
the Virginia Polytechnic Institute and
State University in Blacksburg, Va., is
focused on the Nora Gas Field in
southwestern Virginia and will evaluate
completion strategies for lateral wells in
the Lower Huron Shale as well as
characterize the geology and potential
deep pay zones of the Cambrian
Rogersville Shale. r

WOTUS Status Murky
With High Court Ruling

WASHINGTON-Legal challenges to
the U.S. Environmental Protection
Agency's definition of "waters of the

United States (WOTUS)" for purposes
of Clean Water Act jurisdiction must be
filed in federal district courts and not
federal courts of appeal, the U.S.
Supreme Court ruled in late January.
The likely consequences of that
decision are cloudy, some industry
representatives say.
The ruling was issued in National
Association of Manufacturers v.
Department of Defense, press accounts
note, which was argued before the
Supreme Court in October. According
to the ruling, although the CWA
enumerates seven categories of EPA
actions for which review lies directly
and exclusively in the federal courts of
appeal, WOTUS-as a regulatory
definition for a statutory term-falls
outside those parameters.
The decision did not deal with the
merits of the WOTUS rule, which late
last year, EPA and the U.S. Army Corps
of Engineers proposed to delay for two
years (AOGR, January 2018, pg. 27).
WOTUS cases had been filed in both
district and circuit courts. The district

court in North Dakota stayed the
regulation in August 2015, although its
injunction applied only to the 13 states
that sought it. That was extended to the
entire country a few months later when
the U.S. Court of Appeals for the 6th
Circuit also stayed the regulations
(AOGR, November 2015, pg. 34).
According to Independent Petroleum
Association of America Executive Vice
President Lee Fuller, the ruling's
implications are unclear. "The 6th
Circuit now will have to act consistently
with the Supreme Court decision," he
relates. "Most analysts believe the 6th
Circuit will remove its stay and then the
regulations would become effective in
states not affected by the district court
stay."
The upshot, Fuller muses, will be a
proliferation of district court suits that
may or may not produce similar stays.
"If the regulation is stayed in some
states and is applicable in others-an
event that has occurred in the past-EPA
will be faced with an enforcement issue
while it is trying to revise the

JLH GEOLOGIC
CONSULTING, LLC
JEFFREY L. HOY
Consulting Geologist / Log Analyst
Prospect Evaluation and Generation
Geologic Mapping
Well Site Evaluation Log Analysis
Computer Mapping

123 NW 4th Street, Suite 324
Evansville, IN 47708
812-480-5742 | jhoy369@yahoo.com
FEBRUARY 2018 17


http://bulldogspecialties.com

American Oil and Gas Reporter - February 2018

Table of Contents for the Digital Edition of American Oil and Gas Reporter - February 2018

Contents
American Oil and Gas Reporter - February 2018 - 1
American Oil and Gas Reporter - February 2018 - 1
American Oil and Gas Reporter - February 2018 - 2
American Oil and Gas Reporter - February 2018 - Contents
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https://www.nxtbook.com/nxtbooks/aogr/202105
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