February 7, 2017
I have written previously (“Deciding Who Will Decide” January 18) about the complicated developments in the litigation over the “waters of the United States” rule (WOTUS) rule promulgated by the Corps of Engineers and EPA in 2015. The Sixth Circuit granted a motion by one of the parties in the case, the National Association of Manufacturers, on January 25 to suspend the…
January 26, 2017
The Congressional Review Act (“CRA”) allows Congress to disapprove so-called “midnight” rules of an outgoing administration. But, disapprovals require congressional approvals and are subject to presidential vetoes—making them of limited utility where a rule was issued by an agency of a current president. Thus, while Congress voted to disapprove several rules under the Obama administration,…
January 26, 2017
According to a recent publication by Inside Climate News, a group claiming to have played a pivotal role in the efforts to block the Keystone XL Pipeline, is here to help wage war against the Atlantic Coast and Mountain Valley Pipelines. A group known as Bold Alliance bills itself as a network of “small and mighty” groups in rural states (Nebraska, Iowa, Louisiana and Oklahoma), which…
January 18, 2017
The controversy over EPA’s definition of “waters of the United States” (WOTUS) took another meander on January 13. United States Supreme Court surprised many by granting a petition for certiorari to decide which court – the federal district or circuit courts – have the authority to adjudicate disputes over a regulation defining a key term of the Clean Water Act (CWA). Ever since EPA and the Corps…
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…
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…
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…
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…
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…
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…
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…
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…
February 7, 2017
I have written previously (“Deciding Who Will Decide” January 18) about the complicated developments in the litigation over the “waters of the United States” rule (WOTUS) rule promulgated by the Corps of Engineers and EPA in 2015. The Sixth Circuit granted a motion by one of the parties in the case, the National Association of Manufacturers, on January 25 to suspend the…
January 26, 2017
The Congressional Review Act (“CRA”) allows Congress to disapprove so-called “midnight” rules of an outgoing administration. But, disapprovals require congressional approvals and are subject to presidential vetoes—making them of limited utility where a rule was issued by an agency of a current president. Thus, while Congress voted to disapprove several rules under the Obama administration,…
January 26, 2017
According to a recent publication by Inside Climate News, a group claiming to have played a pivotal role in the efforts to block the Keystone XL Pipeline, is here to help wage war against the Atlantic Coast and Mountain Valley Pipelines. A group known as Bold Alliance bills itself as a network of “small and mighty” groups in rural states (Nebraska, Iowa, Louisiana and Oklahoma), which…
January 18, 2017
The controversy over EPA’s definition of “waters of the United States” (WOTUS) took another meander on January 13. United States Supreme Court surprised many by granting a petition for certiorari to decide which court – the federal district or circuit courts – have the authority to adjudicate disputes over a regulation defining a key term of the Clean Water Act (CWA). Ever since EPA and the Corps…
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…
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…
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…
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…
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…
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…
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…
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…
