Energy and Environment MonitorEnergyThe Administrative State CrumblesJune 17, 2019 The EPA issued a new guidance document on June 7th instructing other federal agencies and the states how they should interpret and implement §401 of the Clean Water Act (“CWA”). Individually, it is a modest step taken to fulfill an executive order issued earlier this year and will be followed by a new rule updated existing EPA’s §401 regulations. Viewed in context, it is another brick removed… Sierra Club Targets Multiple Companies Under Clean Water ActJune 4, 2019 The Sierra Club and four other non-governmental organizations (NGOs) announced on June 4, 2019 that they are sending Notices of Intent to Sue (NOIs) nine companies in West Virginia and Pennsylvania in federal court for alleged violations of the Clean Water Act (CWA) and the Surface Mining Control and Reclamation Act (SMCRA). The notices allege that a total of fifteen facilities owned by the… Violating the Constitution in the Name of the EnvironmentJune 3, 2019 The Fifth Amendment to the United States Constitution provides that no private property shall be taken for public use, without “just compensation.” West Virginia’s Constitution contains a similar prohibition. But the West Virginia Department of Transportation (WVDOT) has felt compelled to violate this most basic right. And, strangely, it has used environmental laws to do so. The Background… The Green New Deal Meets PhysicsApril 11, 2019 A new report by the Manhattan Institute explains that while greater efficiencies can be gained by electric generators using solar or wind energy, technology will soon bump up against hard stops in those efforts. See The “New Energy Economy”: An Exercise in Magical Thinking (March 26, 2019). https://www.manhattan-institute.org/energy-environment For example, the so-called Betz limit will prevent… House Delegates Introduce Environmental Constitutional AmendmentFebruary 13, 2019 On February 11, 2019, 32 Democratic Delegates cosponsored House Joint Resolution 25, dubbed the “Environmental Rights Amendment.” The resolution proposes to amend the West Virginia constitution’s Bill of Rights by including a provision specifying that a clean environment is a constitutional right:
ARTICLE III. BILL OF RIGHTS. §23. Natural Resources and the Public Estate. The people have a right to… A Christmas Present for All Who Use the LandJanuary 8, 2019 The Environmental Protection Agency and Corps of Engineers delivered their long-awaited definition of “waters of the United States” (WOTUS) on December 11. The pre-publication version of the rule released on that day marks the beginning of the end of one the most contentious issues in the history of American environmental law. The new definition will “encompass relatively permanent flowing and… U.S. Supreme Court Stays Kids' Climate SuitOctober 29, 2018 On October 19, 2018, the United State Supreme Court temporarily stayed a suit filed against the President and various executive agencies brought by 21 minors, an organization known as Earth Guardians, and “future generations” by and through their self-appointed guardian, Dr. James Hansen, who is a well-known climate scientist and climate change activist. See In Re United States of America, et… Federal Court Rules that a West Virginia County Cannot Deny a Request to Re-Zone Property to Allow for Construction of a Natural Gas Compressor StationAugust 29, 2018 A federal district court in West Virginia ruled on Wednesday that Fayette County’s zoning code is preempted by the Natural Gas Act as it applies to Mountain Valley Pipeline’s FERC-approved activities in connection with a compressor station to be constructed in that county. See Mountain Valley Pipeline, LLC v. Wender, et al., No. 2:17-cv-4377 (S.D.W.Va. Aug. 29, 2018), ECF No. 34. MVP obtained a… "Strangled by Process"August 15, 2018 The U.S. Court of Appeals for the Fourth Circuit decided a case involving the Mineral Leasing Act of 1920 (MLA), an event sufficiently unusual that it merited a reading of the case. The MLA is the federal statute that governs the leasing of federal minerals, normally coal and oil and gas, on the public lands that the Bureau of Land Management (BLM) administers, primarily in the Western U.S. The… EPA Offices at Odds Over Response to FERC Greenhouse Gas InquiryAugust 7, 2018 In December of 2017, FERC announced that it would review its policies on certification of natural gas pipeline projects. In particular, it announced that it would review its 1999 Policy Statement on Certification of New Interstate Natural Gas Pipeline Facilities (available at https://www.ferc.gov/legal/maj-ord-reg/policy-statements.asp). Then, on April 19, 2018, FERC initiated a “notice of… EPA Offices at Odds Over Response to FERC Greenhouse Gas InquiryAugust 7, 2018 In December of 2017, FERC announced that it would review its policies on certification of natural gas pipeline projects. In particular, it announced that it would review its 1999 Policy Statement on Certification of New Interstate Natural Gas Pipeline Facilities (available at https://www.ferc.gov/legal/maj-ord-reg/policy-statements.asp). Then, on April 19, 2018, FERC initiated a “notice of… EPA's SCIENTIFIC TRANSPARENCY RULEAugust 6, 2018 Can’t We All Agree That Some Part of This is Good? In April 2918, the U.S. Environmental Protection Agency (EPA) unveiled its proposed rule on "Strengthening Transparency in Regulatory Science." As proposed, the rule would limit EPA’s ability to write regulations based upon data that is not made available to the public. Hearings on the proposed rule were held on July 27, 2018. Feelings were… |
|
© 2024 Jackson Kelly PLLC. All Rights Reserved.