Illinois Releases Proposed Hydraulic Fracturing Regulations

Nearly six months after passage of the much touted Illinois Hydraulic Fracturing Regulation Act (225 ILCS 732/1-1 et seq.) (the Act), the Illinois Department of Natural Resources (IDNR) issued proposed regulations implementing the Act (the HFRA Regulations) and scheduled two public hearings to receive public input (one in Chicago on November 26, 2013 and the second in Ina (downstate Illinois) on December 3, 2013).  In addition, the IDNR will accept written comments to the HFRA Regulations until January 3, 2014 (the IDNR has created an online public comment forum).

The HFR Regulations are subject to the Illinois Administrative Procedure Act's (IAPA's) two-step process.  The first step is to obtain public comment no less than 45 days after issuance of notice of the proposed rule in the Illinois Register, and the second step is to finalize the regulations upon a maximum of 45 days' written notice to the Illinois Joint Committee on Administrative Rules (JCAR).  Critics of