Energy and Environment MonitorEnvironmental EnforcementBill Aimed at Eliminating “Chevron Deference” Passes Arizona SenateApril 12, 2018 Last week the Arizona State Senate passed a bill that would amend that state’s administrative procedure law to kill its version of the “Chevron” doctrine, which requires courts to defer to an agency’s reasonable interpretation of statutes within its purview. The doctrine originates from the landmark 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, which set… Ninth Circuit Adopts Broad Definition of "Point Source" DischargeFebruary 7, 2018 Last week the United States Court of Appeals for the Ninth Circuit ruled that discharges from wastewater injections that seep into groundwater and ultimately reach “waters of the United States” are subject to the Clean Water Act’s (CWA) permitting requirements. The suit alleged that Maui County, Hawaii had injected wastewater into wells that eventually made its way into the Pacific Ocean through… At Least We Know Now Where to File SuitJanuary 24, 2018 The U.S. Supreme Court decided a case on Monday of this week that environmental law nerds having been waiting breathlessly for since 2015. It concerns the EPA and Corps of Engineers rule promulgated that year defining the “waters of the United States” (‘WOTUS”). By that rule the agencies sought to delineate the geographic reach of those waters and the statutory programs which depend upon their… West Virginia Supreme Court Emphasizes Importance of DEP’s Role in SMCRA Citizen SuitsOctober 12, 2017 On October 5, 2017, the West Virginia Supreme Court ruled that the Wyoming County Circuit Court impermissibly substituted its own judgment for that of the West Virginia Department of Environmental Protection (“DEP”) regarding alleged mining-related contamination of residential water supplies. The Supreme Court’s order raises a number of questions regarding the extent to which citizens may pursue… Trump’s EPA Proposes to Roll Back Clean Power PlanOctober 11, 2017 The Obama EPA finalized two rules in 2015 that comprised the Clean Power Plan (“CPP”). One established CO2 emission standards for new, modified and reconstructed power plans under Section 111(b) of the Clean Air Act. The second, and far more controversial, established CO2 emission “guidelines” under CAA §111(d) to be used by states in regulating existing power plants. As we have noted before, the… FERC Sidesteps New York’s Denial of CWA §401 Certification Giving Go-Ahead to Millennium Pipeline Company SpurOctober 9, 2017
“For any company desiring to construct a natural gas pipeline, all roads lead to FERC.” Millennium Pipeline Company, L.L.C. v. Seggos, 860 F.3d 696, 698 (D.C. Cir. 2017). In a significant and already controversial decision issued in mid-September, the Federal Energy Regulatory Commission (“FERC”) granted approval for Millennium Pipeline Company L.L.C. (“Millennium”)… Update on Clean Power Plan LitigationSeptember 12, 2017 On September 7, 2017, the Environmental Protection Agency (“EPA”) filed a Status Report in the ongoing Clean Power Plan litigation (State of West Virginia v. EPA), which has been pending before the D.C. Circuit Court of Appeals for two years. The Obama Administration first released a draft version of the “Clean Power Plan” rules for existing coal-fired electric generating plants in June of… Sierra Club Links Up with Libertarian Landowners in Continued Opposition to Gas DevelopmentSeptember 7, 2017 Opponents of natural gas development do not have the resources to challenge individual well permits in the Marcellus and related shale gas basins. Instead, they understand that the future of the industry depends on assembling the rights to draw gas from fractionated ownership and on the ability to attract higher prices by building transmission pipelines to carry the gas to new markets. So, the… One Project, Many LawsuitsSeptember 6, 2017 On August 23rd, the federal Court of Appeals for the Third Circuit affirmed a decision by the Corps of Engineers to issue a Clean Water Act §404 permit to Tennessee Gas Pipeline Company to construct about 13 miles of “looped” pipeline in two counties in northeastern Pennsylvania (read the JK Energy & Environmental Monitor summary of Delaware Riverkeeper Network v. U.S. Army Corps of… Third Circuit Rejects Challenge to Corps of Engineers’ Permit for PipelineAugust 31, 2017 On August 23, the Third Circuit Court of Appeals affirmed the Corps’ decision to issue a Clean Water Act § 404 “fill” permit to a pipeline developer for 13 miles of pipeline in Pennsylvania. See Delaware River Network v. U.S. Army Corps of Engineers, No. 17-1506 (3rd Cir. Aug. 23, 2017). The Riverkeeper’s challenge was an original action filed in the 3rd Circuit pursuant to the… WVU Study Identifies Opportunity to Create “Natural Gas Storage Hub” in ApplachiaAugust 29, 2017 A public study led by West Virginia University has proposed a regional effort towards developing infrastructure capable of supporting oil and natural gas storage facilities along the Ohio and Kanawha rivers. The data was presented on August 29 in Canonsburg, Pennsylvania. Known as the Appalachian Storage Hub study, researchers from the West Virginia, Pennsylvania and Ohio geological surveys have… EPA Issues Guidance for States to Develop Permitting Programs for Coal Ash DisposalAugust 21, 2017 On August 15th, 2017 the Environmental Protection Agency (EPA) released and began accepting public comments on guidance for states that want to develop a permitting program for the disposal of coal combustion residuals (CCR), or coal ash. While the guidance does offer some flexibility to states in developing their permitting programs, state programs must be at least as protective as the Federal… |
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