Jackson Kelly PLLC

Energy and Environment Monitor

Energy

Court Compels EPA to Respond to Murray Energy’s Discovery Requests in WV Clean Air Act Case

In March 2014, Murray Energy sued EPA in West Virginia.  Murray claimed EPA had failed to conduct “continuing evaluations of potential loss or shifts of employment which may result from the administration of” the Clean Air Act as required by Section 321(a) of that Act.  In particular, Murray claimed EPA had not conducted the required evaluations of the effect of its programs on the coal…

N.Y. Releases Study Which Governor Relied Upon To Ban Fracing

On May 13, 2015, the New York State Department of Environmental Conservation (the Department) finally released its Final Supplemental Generic Environmental Impact Statement (SGEIS) examining high-volume hydraulic fracturing’s (HVHF) potential significant adverse environmental and public health impacts and possible mitigation measures to eliminate, avoid or reduce those impacts. A copy of the…

The “Other” Murray Energy Clean Air Act Challenge

Murray Energy is the lead plaintiff in a well-publicized challenge to EPA’s proposed Clean Power Rule in the D.C. Circuit Court.  See In re: Murray Energy Corp. v. Environmental Protection Agency, et al., No. 14-1112 (D.C. Circuit).  But, it is also the only plaintiff in an action against EPA in federal court in Wheeling, West Virginia.  There, Murray has claimed that EPA has…

Federal Court in Pennsylvania Declines to Require Accumulation of Emissions from Non-Contiguous Compressor Stations for CAA Permitting

A federal court in Pennsylvania has ruled that a series of gas compressors used to move gas from wells to larger transmission lines need not be considered a single “source” of air pollution.  See Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., No. 4: 11-cv-1360.  If the eight compressors had been considered a single “source,” then they would likely have been…

 

© 2024 Jackson Kelly PLLC. All Rights Reserved.