On May 12, 2017, EPA’s first rule regulating chemical substances produced at the nanoscale will take effect as part of the Toxic Substances Control Act (“TSCA”). The Nanoscale Rule, part of TSCA Section 8(a), will require all current and future manufacturers and processors to report to EPA when such nanoscale chemical substances are produced in… Continue Reading
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USFWS Lists Rusty Patched Bumble Bee as Endangered
Posted in Energy, EnvironmentOn January 11, 2017, the U.S. Fish and Wildlife Service (“Service”) published a final rule listing the Rusty Patched Bumble Bee as an endangered species under the Endangered Species Act of the 1973 (“ESA”). Pursuant to Section 4 of the ESA, the Service is required to make listing decisions – relying on the best scientific… Continue Reading
U.S. E.P.A. Agrees to Review Drilling Waste Regulations to Settle Suit
Posted in Energy, EnvironmentIn May of 2016, environmental groups sued the U.S. E.P.A., alleging that the agency failed to review and revise its regulations and state waste management plan guidelines regarding waste materials from oil and gas production as required by the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. On December 28, 2016, the court… Continue Reading
New Revisions to U.S. Fish and Wildlife Service Mitigation Policy
Posted in EnvironmentEffective November, 21, 2016, the U.S. Fish and Wildlife Service (USFWS) revised its guiding 1981 Mitigation Policy to provide a new structure for mitigation during permitting in order to diminish the impact of private development upon fish, wildlife, plants and their habitats. The policy revision’s stated purpose is to replace project-by-project or single-source mitigation with… Continue Reading
BLM Issues Notice of Auction for Oil/Gas Leases in Wayne National Forest
Posted in Energy, EnvironmentOn October 17, 2016, the Bureau of Land Management released a Notice of Competitive Oil and Gas Internet-Based Lease Sale for approximately 1,600 acres of the Wayne National Forest in Monroe, Noble and Washington Counties, Ohio. The notice of the lease sale was issued shortly after the BLM issued a final Environmental Assessment and associated… Continue Reading
USFWS Proposes Endangered Listing for Rusty Patched Bumble Bee
Posted in Energy, EnvironmentOn September 22, 2016, the U.S. Fish and Wildlife Service proposed to list the rusty patched bumble bee (Bombus affinis) as an endangered species under the Endangered Species Act. The primary reason for the Service’s proposed listing is the 91 percent decline in the bumble bee’s population abundance and distribution since the late 1990s, according… Continue Reading
U.S. EPA Proposes Revisions to Title V Permit Petition Process
Posted in Energy, EnvironmentOn August 24, 2016, U.S. EPA proposed revisions to the rules governing the petition process for Title V permits under 40 CFR Part 70. Section 505 of the Clean Air Act requires permitting authorities to submit a proposed Title V permit to U.S. EPA for a 45-day review period before issuing the final permit. If… Continue Reading
Eleventh Circuit Defers to Sixth Circuit in WOTUS Challenge
Posted in Energy, EnvironmentThis entry provides an update to our blog post on February 23, 2016 regarding the Sixth Circuit’s decision that it has jurisdiction to adjudicate challenges to the EPA-Army Corps WOTUS rule. On August 16, 2016, the Eleventh Circuit Court of Appeals stayed 10 states’ lawsuit challenging the WOTUS rule. In reaching its decision to stay… Continue Reading
Governor Kasich Signs Executive Order for Implementation of Oil and Gas Emergency Notification System
Posted in Energy, EnvironmentOn August 9, 2016, Governor Kasich signed Executive Order 2016-04K authorizing the immediate adoption of rules creating an emergency notification process for oil and gas related emergencies, such as an uncontrolled fire or the release of natural gas, oil, brine, hazardous substances and other wastes at a production or processing facility. Under the rules, such… Continue Reading
States and Industry Groups Challenge U.S. EPA’s Oil & Gas Methane Regulations
Posted in Energy, EnvironmentIn July, the State of North Dakota filed suit in the U.S. Court of Appeals for the D.C. Circuit challenging U.S. EPA’s final rule amending the Agency’s 2012 New Source Performance Standards for the Oil and Gas Sector. Opposition to the amendments, which became effective on August 2, 2016, has increased significantly since North Dakota… Continue Reading
Climate Change and Pennsylvania’s Environmental Rights Amendment
Posted in Energy, EnvironmentIn 2015, several minors living in Pennsylvania filed a climate change lawsuit in the Commonwealth Court of Pennsylvania against the Governor and various state agencies, demanding that the Executive Branch develop a comprehensive plan to protect them from alleged deleterious effects of global climate change. The youths premised their argument upon Article I, Section 27… Continue Reading
U.S. EPA Finalizes Rule Prohibiting Oil/Gas Wastewater Discharges to POTWs
Posted in Energy, EnvironmentOn June 27, 2016 U.S. EPA finalized a regulation under the Clean Water Act that prohibits the discharge of wastewater from certain oil and gas extraction facilities to POTWs. Specifically, the rule applies to onshore extraction from shale and/or tight geologic formations – referred to as unconventional oil and gas resources. EPA determined that current… Continue Reading
TSCA Reform: Major Chemical Management Changes on the Horizon
Posted in Articles, EnvironmentThe Toxic Substances Control Act (“TSCA”) became law in 1976 with the objective of regulating chemicals in commerce that posed an “unreasonable risk of injury to human health or the environment.” While originated with good intent, TSCA had become a stale law that lacked clarity for industry and regulators alike. Now, after years of legislative… Continue Reading
Supreme Court Holds CWA Jurisdictional Determinations are Final Agency Actions
Posted in Energy, EnvironmentOn May 31, 2016, The U.S. Supreme Court held that Clean Water Act jurisdictional determinations by the Army Corps of Engineers are final agency actions that can be reviewed by federal courts. In reaching its decision, the Supreme Court declined to follow a 2014 decision from the Fifth Circuit which held that jurisdictional determinations are… Continue Reading
New U.S. EPA Environmental Justice Agenda Announced
Posted in Articles, EnvironmentOn Monday, May 23, U.S. EPA released a draft of its final Environmental Justice Strategic Plan for the Years 2016-2020, which is open for comment until July 7, 2016. The plan focuses on three major goals. The first goal is to deepen the environmental justice practice within EPA programs, specifically to improve the health and… Continue Reading
U.S. EPA Issues Draft Information Request on Methane Emissions
Posted in Energy, EnvironmentOn the same day that U.S. EPA finalized amendments to the New Source Performance Standards for the oil and gas industry (click here for our blog post on the final rule), the Agency issued a draft Information Collection Request (ICR) to require oil and gas companies to provide extensive information on methane emissions from various… Continue Reading
U.S. EPA Finalizes NSPS OOOO Amendments
Posted in Energy, EnvironmentOn May 12, 2016, U.S. EPA finalized amendments to the New Source Performance Standards (NSPS) for the oil and natural gas source category at 40 CFR Part 60, Subpart OOOO, and established new standards at 40 CFR Part 60, Subpart OOOOa. The final rule establishes standards for greenhouse gas emissions in the form of limitations on… Continue Reading
Sixth Circuit Denies En Banc Review of WOTUS Jurisdictional Issue
Posted in Energy, EnvironmentThis entry is a follow-up to our blog post on February 23, 2016 regarding the Sixth Circuit’s decision that it has jurisdiction to adjudicate challenges to the EPA-Army Corps WOTUS rule. On April 21, 2016, the Sixth Circuit denied six petitions for rehearing en banc. In order to obtain en banc (full court) review, the issue presented must be… Continue Reading
Sixth Circuit Retains Jurisdiction over Challenges to WOTUS Rule
Posted in Energy, EnvironmentOn February 22, 2016, the U.S. Court of Appeals for the Sixth Circuit ruled that it – not the federal district courts across the country – has jurisdiction to adjudicate challenges to the EPA-Army Corps WOTUS rule. The 2-1 decision, with one judge concurring in the judgment, only, and another writing a pointed dissent, raises the… Continue Reading
Supreme Court Bars Implementation of Clean Power Plan Pending Further Review
Posted in Energy, EnvironmentOn February 9, 2016, the U.S. Supreme Court issued an emergency stay barring the implementation of U.S. EPA’s Clean Power Plan. The Court’s order prevents implementation of the Clean Power Plan until the D.C. Circuit Court issues a decision in the pending cases challenging the rule’s legality and until a petition for Supreme Court review… Continue Reading
USFWS Issues Final 4(d) Rule for Northern Long-Eared Bat – Allows Broader Incidental Take Than Interim 4(d) Rule.
Posted in Energy, EnvironmentThe U.S. Fish and Wildlife Service (“USFWS”) provided notice today that it has finalized its 4(d) Rule for the Northern Long Eared Bat (“NLEB”). The NLEB was listed on April 2, 2015, (80 FR 17974) as Threatened due to White Nose Syndrome; a 4(d) Rule allows incidental take under certain circumstances. The interim 4(d) rule… Continue Reading
Obama Rejects Keystone XL Pipeline
Posted in Energy, EnvironmentThe Obama administration rejected a presidential permit for the Keystone XL pipeline. The Wall Street Journal reports: The Obama administration rejected the Keystone XL pipeline Friday, capping a politically charged review of the oil project that lasted more than seven years and escalated into a broader debate on energy, climate change and the economy. “The… Continue Reading
Sixth Circuit: Clean Air Act Does Not Preempt State Common Law Claims
Posted in EnvironmentOn November 2, 2015, the U.S. Court of Appeals for the Sixth Circuit issued a decision in the case Little et al. v. Louisville Gas & Electric Co. et al., No. 14-6499, holding that the Clean Air Act does not preempt state common law claims. The case involved a class action lawsuit filed by residents… Continue Reading
U.S. EPA to Propose TRI Reporting Rule for Natural Gas Plants
Posted in Energy, EnvironmentOn October 22, 2015, U.S. EPA issued a formal response to a Petition, submitted by a group of environmental organizations in 2012, to add the Oil and Gas Extraction Sector (defined by SIC code 13) to the group of sectors subject to the Toxics Release Inventory (TRI) reporting requirements. U.S. EPA responded granting in part… Continue Reading