Energy and Environment MonitorBoard Affirms Certification Revocation for Water Lab in WVMarch 27, 2015
By order dated March 11, 2015, the West Virginia Environmental Quality Board (“EQB”) affirmed an earlier order by WVDEP revoking a laboratory certification granted to Appalachian Laboratories (“AppLabs”). WVDEP issued the order on October 16, 2014 in response to press accounts that a former employee of AppLabs (John Shelton) had pleaded guilty to diluting or falsifying water samples… EPA Moves to Dismiss Sierra Club Efforts to Rescind State NPDES ProgramsMarch 27, 2015 The Sierra Club and its local partners previously petitioned EPA to withdraw its approval of the NPDES programs in at least Kentucky, Virginia and West Virginia—largely over alleged deficiencies by the state agencies in handling coal-related permits. Earlier this year, when EPA did not formally respond to the petitions, the Sierra Club sued EPA in federal courts in Kentucky and West… Fourth Circuit Ends Multi-Year Legal Battle: Court Upholds Army Corps’ Assertion that Virginia Wetland is a “Water of the United States”March 24, 2015 “This is the way the world ends, Not with a bang but a whimper.” … Federal Court in Pennsylvania Declines to Require Accumulation of Emissions from Non-Contiguous Compressor Stations for CAA PermittingMarch 11, 2015 A federal court in Pennsylvania has ruled that a series of gas compressors used to move gas from wells to larger transmission lines need not be considered a single “source” of air pollution. See Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., No. 4: 11-cv-1360. If the eight compressors had been considered a single “source,” then they would likely have been… West Virginia Supreme Court Hears FOIA Case Over WVU Mining Study RecordsMarch 11, 2015 Former West Virginia University (“WVU”) researcher Michael Hendryx has co-authored many articles correlating health statistics with proximity to coal mining. Many of them may be seen here. While much of his work has been peer reviewed in journals of varying quality, little of his work has been subject to rigorous review by skeptics and little of it even posits potential causal… Federal Court in Pennsylvania Declines to Require Accumulation of Emissions from Non-Contiguous Compressor Stations for CAA PermittingMarch 11, 2015 A federal court in Pennsylvania has ruled that a series of gas compressors used to move gas from wells to larger transmission lines need not be considered a single “source” of air pollution. See Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., No. 4: 11-cv-1360. If the eight compressors had been considered a single “source,” then they would likely have been… EPA Announces New RCRA Regulations to Limit “Sham Recycling”March 11, 2015 On January 13, 2015, the U.S. EPA published a preamble and final rule that places new restrictions on recycling under the Resource Conservation and Recovery Act of 1976 (RCRA), part of the Solid Waste Disposal Act, 42 U.S.C. §§ 6901-6992k. The revised regulations focus on businesses that recycle, often for a fee, hazardous secondary materials accepted from off-site industrial sources. The… Pennsylvania Governor Asks Federal Government to Expedite Regulatory Action In Five Areas to Prevent Crude Oil Train AccidentsMarch 3, 2015 Pennsylvania Governor, Tom Wolf, recently sent a letter to President Obama asking for expedited federal oversight of rail transportation of crude oil. Governor Wolf’s letter notes that there have been four train derailments since January 2014, including two within Philadelphia. It notes also that every week approximately 60-70 trains carrying crude oil from North Dakota… Gasland on Trial: Pennsylvania Court Rules Gas Drilling Not an Abnormally Dangerous or Ultrahazardous ActivityFebruary 12, 2015 The U.S. District Court for the Middle District of Pennsylvania entered summary judgment in favor of Cabot Oil & Gas Corporation on February 9 in a case arising in Dimock Township, Pennsylvania. Dimock Township is a rural political subdivision of Susquehanna County that is about 29.5 square miles in size and was made famous by the 2010 documentary Gasland. Gasland alleged that hydraulic… Sixth Circuit Upholds Application of Clean Water Act’s “Permit Shield” ProvisionFebruary 11, 2015 On January 27, 2015, the U.S. Court of Appeals for the Sixth Circuit, in a 2-1 split decision, affirmed an opinion of the U.S. District Court for the Eastern District of Kentucky that the Clean Water Act’s (CWA) “permit shield” defense applies to discharges of selenium at ICG Hazard’s Thunder Ridge Mine. See opinion here. The Sierra Club had argued that ICG’s discharges of selenium… WV GOVERNOR SIGNS LEGISLATION ALLOWING WVDEP TO APPROVE WELL PAD PERMIT TRANSFERSFebruary 11, 2015 West Virginia Governor Tomblin has signed a bill allowing horizontal well pad permit transfers under WV Code 22-6A-7. The bill was signed by the Governor on February 4 and effective upon passage. Prior to this amendment, WVDEP would not transfer well pad permits in an asset sale, and required the buyer to re-apply for new permits. A link to the… EPA Claims it will “Clarify” its Proposed Waters of the United States (WOTUS) RuleFebruary 10, 2015 The EPA and the Army Corps of Engineers appeared before a rare joint hearing of House and Senate committees on February 4, 2015 to justify the rule the agencies proposed last year to define “waters of the United States.” Notwithstanding a previous justification of the rule as merely providing “clarity” over streams that EPA and the Corps already regulate, EPA Administrator McCarthy conceded that… |
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