Energy and Environment Monitor

Fish & Wildlife Service and OSM Release Memorandum of Understanding on Endangered Species Act Issues Which Immediately Incorporates Stream Protection Rule

January 13, 2017

In combination with the release of the Stream Protection Rule (“SPR”), previously reported, the Obama administration released a Memorandum of Understanding (MOU) between the U.S. Fish and Wildlife Service (“F&WS”) and the United States Office of Surface Mining (“OSM”) which expands the role of the OSM in delegated state program oversight and the consideration of…

Federal Judge Tells EPA It’s Time to Obey the Law

January 13, 2017

As we have previously reported, Murray Energy is pursuing an action against EPA in federal court in in the Northern District of West Virginia arguing that EPA failed to discharge an obligation under Section 321(a) of the Clean Air Act to evaluate the job impacts of its Clean Air Act rules.

After rejecting numerous attempts by EPA to limit discovery, the district court (Judge Bailey) granted…

IT’S THE GIVING SEASON: OBAMA ADMINISTRATION LEAVES PARTING GIFTS TO ENERGY AND MANUFACTURING INDUSTRIES

January 4, 2017

Obamanation: 8 Years Later, OSM Finalizes Stream Protection Rule   

The United States Office of Surface Mining (“OSM”) has finalized its “Stream Protection Rule (“SPR”) (12/20/16). This was formerly known as the “buffer zone rule” and dates to the early 1980s. OSM adopted it originally as a means of keeping sediment out of streams. It prohibited land disturbance within 100…

EPA FUMBLES FRACKING STUDY

December 21, 2016

In 2015, EPA released a draft study finding that hydraulic fracturing is not having “widespread, systemic impacts on drinking water.” This conclusion – reached in the apparent absence of widespread, systemic impacts – seemed eminently sound, if not obvious.

But an uproar ensued. Two of the Obama Administration’s staunchest allies – the green lobby and trial lawyers – opposed the draft report’s…

EPA FUMBLES FRACKING STUDY

December 21, 2016

In 2015, EPA released a draft study finding that hydraulic fracturing is not having “widespread, systemic impacts on drinking water.” This conclusion – reached in the apparent absence of widespread, systemic impacts – seemed eminently sound, if not obvious.

But an uproar ensued. Two of the Obama Administration’s staunchest allies – the green lobby and trial lawyers – opposed the draft report’s…

AFTER THE ELECTION: WHAT COAL NEEDS MOST

November 28, 2016

My colleagues and I have the privilege of working with coal operators every day in the places where coal is mined in this country. From coal basins in Appalachia to Illinois to the Powder River Basin, we have had the pleasure of helping those who mine the coal that powers our homes and makes our steel.

In recent years, the challenges have been numerous, to put it mildly. Undoubtedly, many of those…

Groups Seek Order Requiring EPA to Regulate Ammonia Emissions from Animal Feeding (and Other) Operations

November 8, 2016

Seven environmental groups have sued EPA, seeking an order compelling it to act on a petition to require the development of a national ambient air quality standard (“NAAQS”) for ammonia. The Complaint alleges that EPA has failed to act on a petition the plaintiffs submitted in 2011, which sought to designate ammonia as a “criteria pollutant” under § 108 of Clean Air Act and to establish a…

Groups Seek Order Requiring EPA to Regulate Ammonia Emissions from Animal Feeding (and Other) Operations

November 8, 2016

Seven environmental groups have sued EPA seeking an order compelling it to act on a petition to require the development of a national ambient air quality standard (“NAAQS”) for ammonia. The Complaint alleges that EPA has failed to act on a petition the plaintiffs submitted in 2011 seeking to designate ammonia as a “criteria pollutant” under § 108 of Clean Air Act and to establish a NAAQS…

EPA Submits Proposed Jobs Study Schedule in Response to Order in Murray Energy Clean Air Act Case in WV

November 3, 2016

On October 3, in accordance with the October 17 federal court order, EPA submitted a proposed schedule for studying the employment impacts of its administration and enforcement of the Clean Air Act. As previously summarized here, the federal district court previously ruled that EPA failed to conduct mandatory evaluations of the employment effects of its enforcement of the Clean Air…

Federal Judge Rules That EPA has Failed to Conduct Required Studies of Effects of its Clean Air Act Enforcement and Implementation on Employment

October 20, 2016

On October 17, 2017, a federal court in West Virginia ruled that EPA has failed to conduct mandatory evaluations of the employment effects of its administration and enforcement of the Clean Air Act, especially as they relate to coal mining and usage. In 2014, Murray Energy sued EPA in the Northern District of West Virginia, arguing that § 321 of the Clean Air Act imposes on EPA a…

Little Known Agency Assumes New Enforcement Powers

October 19, 2016

A little known federal agency in charge of pipeline safety has just issued a new regulation that represents a major change in its enforcement authority over regulated pipelines. The Pipeline and Hazardous Materials Safety Administration (PHMSA), an independent agency within the U.S. Department of Transportation, has announced an “Interim Final Rule” (IFR) on its website which will authorize it to…

Mining Doesn’t Cause Flooding? A Headline You’ll Never See in the Charleston Gazette

October 6, 2016

In July 2001, localized heavy rains produced severe flooding in the southern West Virginia coalfields. See July 29, 2006 Register Herald article.  Groups like the Ohio Valley Environmental Coalition were quick to blame mining.  Mass litigation against the logging and coal industries ensued and continued for another eight years.

In June 2016, localized heavy rains produced devastating…