Energy and Environment MonitorEnvironmental LitigationU.S. Liable Under CERCLA for Releases on Unpatented Mining ClaimsAugust 2, 2017 Any statement about the breadth of liability imposed by CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, almost always seems to be an understatement. CERCLA makes the owner of property contaminated with hazardous substances or a person who arranges for the disposal of hazardous substances strictly liable for subsequent clean-up costs. Such owners or… Tenth Circuit Declares OSM’s Action “Final” Despite Pending Administrative Review: Authorizes Federal Court ReviewAugust 1, 2017 The U.S. Court of Appeals for the Tenth Circuit has trimmed the discretion that the Office of Surface Mining can assert when it brings an enforcement action against a mining operator. Its decision applies a principle of law announced by the Supreme Court almost 25 years ago in Darby v. Cisneros which most agencies prefer to ignore. As explained by the Tenth Circuit, Darby makes “intra-agency… California Plaintiffs Seek to Address Climate Change Via State Tort SuitsJuly 27, 2017 On July 17, 2017, the governments of California’s Marin and San Meteo counties, as well as the city of Imperial Beach, filed three separate complaints in California Superior Court in their respective counties against 37 oil, gas, and coal companies. We have previously written about similar suits filed by citizen groups, states, and cities in federal court here. Although most of these suits… Virginia Supreme Court Largely Affirms Right of Pipeline to Conduct Property Surveys and Examinations without Landowner ApprovalJuly 26, 2017 The Virginia Supreme Court issued two opinions on July 13, 2017, addressing the rights of pipelines to survey property without landowner permission. In the first, Chaffins v. Atlantic Coast Pipeline, LLC, the Court considered what constitutes adequate prior notice by a pipeline company to gain access for surveys and property evaluation in the absence of landowner approval. In the second, Palmer… D.C. Circuit Temporarily Recalls Its Mandate in Seesaw Battle Arising Out of EPA’s Efforts to Roll Back Obama-Administration Methane Gas Rules.July 20, 2017 On July 13, 2017, the U.S. Court of Appeals for the D.C. Circuit temporarily recalled its mandate previously issued contemporaneously with the entry of its July 3rd opinion rejecting EPA Administrator Scott Pruitt’s stay of portions of Obama-era “New Source Performance Standards” for the oil and gas sector. In rejecting Administrator Pruitt’s request for a longer extension of time to… Fourth Circuit Refuses to Order EPA to Conduct Coal Jobs Analysis: When “Shall” Means “Eh, Maybe”June 30, 2017 Several years ago, Murray Energy sued EPA in the Northern District of West Virginia under § 304(a)(2) of the Clean Air Act, which authorizes actions against EPA when it fails to perform an act or duty “which is not discretionary.” Murray sought to enjoin further rulemaking by EPA and the implementation of the Clean Power Plan until EPA explored the impacts of its Clean Air Act programs… Pennsylvania Court Rules that DEP Applied Wrong Standard in Requiring Compressor Station and Natural Gas Well Pad to Aggregate Air Emissions for Permitting PurposesJune 15, 2017 In a decision issued on June 2, 2017, a Pennsylvania court disagreed with the conclusions of the Department of Environmental Protection (DEP) and the Environmental Hearing Board (EHB) that a compressor station and natural gas well pad owned and operated by two separate business entities should be considered a single source of air emissions regulated by a single air permit simply because they… “What Goes Down Will Come Up”June 5, 2017 The U.S. Court of Appeals for the Eighth circuit issued an opinion on May 22nd which illustrates the difficulty for an oil and gas producer to win a subsurface claim without having to go to trial, even when the plaintiff has relatively weak facts to support its claim. The case involved the disposal of fracking wastes from producing shale oil in the Eastern District of Arkansas. Because the… UTILITY GROUPS ASK EPA TO MODIFY COAL ASH RULE AND TO EXTEND COMPLIANCE DEADLINESMay 18, 2017
Murray Energy Companies Sue the New York Times Company for DefamationMay 11, 2017 On May 3, 2017, Murray Energy Corporation and five of its subsidiaries operating coal mines in West Virginia filed suit in West Virginia state court against The New York Times Company alleging that the Times published false and defamatory statements that injured the reputation and business of the Murray Energy. The subject statements were made in an op-ed article entitled “Money Talked… Delaware Riverkeeper Asks Third Circuit to Expedite Review of Corps-Issued Permit for PipelineMay 9, 2017 We have written before about the effect of the Natural Gas Act on environmental permits issued for pipelines. Generally, the Natural Gas Act preempts the effect of many local laws on pipelines, but preserves obligations to obtain permits under the Clean Air and Clean Water Acts. Nonetheless, in 2005, Congress amended the Natural Gas Act to provide that challenges to those permits are to be heard… EPA Reconsidering Methane RuleMay 4, 2017 In an April 18, 2017 letter to oil and gas industry leaders, Environmental Protection Agency (“EPA”) Administrator Scott Pruitt announced that the agency will reconsider its June 3, 2016 methane emissions rule following a petition from three oil and gas industry associations. See EPA Letter here. The industry petition raised objections concerning provisions for receiving an alternative… |
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