November 19, 2018
The Answer Depends on the Jurisdiction
Let’s say you have an unlined pond. It doesn’t directly discharge to any river or stream and, as a result, you’ve never applied for an NPDES permit. But, let’s assume that pollutants in the pond percolate into groundwater. And let’s further assume that these pollutants eventually make their way, via groundwater, to a river or stream.
Does your pond…
November 13, 2018
We have written before about this case where a group of children have sued the United States Government for its failure to protect them from the effects of climate change. October 30, 2018. In prior rulings, a federal district court judge in Oregon has rebuffed efforts by the United States to dismiss the case on the grounds that it presents non-justiciable “political” questions rather than…
October 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…
September 19, 2018
Readers may recall that last month, August 23, 2018, we reported that a federal district court in South Carolina enjoined an EPA rule suspending the 2015 “waters of the United States rule”. EPA had proposed to suspend the 2015 rule and reinstate the previous 1982 regulation defining what constitutes a water of the United States. EPA did so in part to provide uniformity to the definition applied…
September 10, 2018
On August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed the Affordable Clean Energy rule (“ACE”) as a replacement for the Obama Administration’s controversial 2015 Clean Power Plan (“CPP”), which EPA proposed to repeal because it exceeded the agency’s authority. On August 31, 2018, EPA officially published the proposed rule for public comment. See Fed. 83 Reg. 44746 (Aug. 31,…
August 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…
August 22, 2018
When I wake up and listen to National Public Radio report about a federal district court’s injunction of an EPA regulation, I conclude that someone besides a lawyer believes the decision is important. What was decided by the federal district court in Charleston, South Carolina on Thursday, August 16 was significant, but for a reason not reported.
Defining the “waters of the United States”…
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…
August 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…
August 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…
August 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…
July 26, 2018
"The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case." Judge William Alsup
Last week, on July 19, 2018, the U.S. District Court for the Southern District of New York (Judge John F. Keenan) dismissed the City of New York’s action against BP, Chevron, Conoco-Phillips, Exxon Mobile and Royal Dutch Shell seeking to recover…
November 19, 2018
The Answer Depends on the Jurisdiction
Let’s say you have an unlined pond. It doesn’t directly discharge to any river or stream and, as a result, you’ve never applied for an NPDES permit. But, let’s assume that pollutants in the pond percolate into groundwater. And let’s further assume that these pollutants eventually make their way, via groundwater, to a river or stream.
Does your pond…
November 13, 2018
We have written before about this case where a group of children have sued the United States Government for its failure to protect them from the effects of climate change. October 30, 2018. In prior rulings, a federal district court judge in Oregon has rebuffed efforts by the United States to dismiss the case on the grounds that it presents non-justiciable “political” questions rather than…
October 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…
September 19, 2018
Readers may recall that last month, August 23, 2018, we reported that a federal district court in South Carolina enjoined an EPA rule suspending the 2015 “waters of the United States rule”. EPA had proposed to suspend the 2015 rule and reinstate the previous 1982 regulation defining what constitutes a water of the United States. EPA did so in part to provide uniformity to the definition applied…
September 10, 2018
On August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed the Affordable Clean Energy rule (“ACE”) as a replacement for the Obama Administration’s controversial 2015 Clean Power Plan (“CPP”), which EPA proposed to repeal because it exceeded the agency’s authority. On August 31, 2018, EPA officially published the proposed rule for public comment. See Fed. 83 Reg. 44746 (Aug. 31,…
August 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…
August 22, 2018
When I wake up and listen to National Public Radio report about a federal district court’s injunction of an EPA regulation, I conclude that someone besides a lawyer believes the decision is important. What was decided by the federal district court in Charleston, South Carolina on Thursday, August 16 was significant, but for a reason not reported.
Defining the “waters of the United States”…
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…
August 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…
August 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…
August 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…
July 26, 2018
"The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case." Judge William Alsup
Last week, on July 19, 2018, the U.S. District Court for the Southern District of New York (Judge John F. Keenan) dismissed the City of New York’s action against BP, Chevron, Conoco-Phillips, Exxon Mobile and Royal Dutch Shell seeking to recover…
