Energy and Environment MonitorWVU Study Identifies Opportunity to Create “Natural Gas Storage Hub” in ApplachiaAugust 29, 2017 A public study led by West Virginia University has proposed a regional effort towards developing infrastructure capable of supporting oil and natural gas storage facilities along the Ohio and Kanawha rivers. The data was presented on August 29 in Canonsburg, Pennsylvania. Known as the Appalachian Storage Hub study, researchers from the West Virginia, Pennsylvania and Ohio geological surveys have… EPA Issues Guidance for States to Develop Permitting Programs for Coal Ash DisposalAugust 21, 2017 On August 15th, 2017 the Environmental Protection Agency (EPA) released and began accepting public comments on guidance for states that want to develop a permitting program for the disposal of coal combustion residuals (CCR), or coal ash. While the guidance does offer some flexibility to states in developing their permitting programs, state programs must be at least as protective as the Federal… How to Make a Bad Case WorseAugust 9, 2017 The U.S. Court of Appeals for the Seventh Circuit issued an opinion that serves as a reminder to every attorney that sometimes the best advice to a client is to accept a penalty and forego an appeal. It may be distasteful, but as I learned years ago in law school “bad facts make bad law”. Consider the following. National Power Corporation designs and manufactures custom battery packs, including… UNDERSTANDING THE PHASE I ENVIRONMENTAL SITE ASSESSMENTAugust 8, 2017 Most lawyers and business professionals generally understand that a Phase I Environmental Site Assessment (ESA) should be conducted before purchasing industrial or commercial properties. But fewer understand the protections (or pitfalls) that come with a proper Phase I ESA. This article provides some background for purchasers and lenders (and their lawyers).
U.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… PENNSYLVANIA SUPREME COURT ISSUES TWO OIL AND GAS DECISIONSJuly 5, 2017 The Pennsylvania Supreme Court has recently issued two rulings affecting the State’s oil and gas industry. Both decisions involved the “Environmental Rights Amendment” to Pennsylvania’s Constitution. One of the rulings related to the court’s 2013 decision enjoining certain provisions of a re-write of Pennsylvania’s Oil and Gas Act of 1984. The other ruling involved the allocation of funds from… 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… |
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