Energy and Environment MonitorAir Quality and PermittingOral Arguments in Clean Power Plan Challenge Moved to SeptemberMay 18, 2016 Challenges to EPA’s Clean Power Plan are pending in the Circuit Court for the District of Columbia. Oral argument on those challenges had been scheduled for June 2, 2016. On May 16, though, on its own motion, the D.C. Circuit moved the oral argument date from June until September 27. In addition, the case will no longer be heard before the original three-judge panel assigned to it, but… On Remand, EPA Determines Cost of Mercury Air Rule was ReasonableApril 25, 2016 On June 29, 2015, the United States Supreme Court ruled that EPA erred when it failed to take cost into account in evaluating whether it was “appropriate and necessary” to regulate hazardous air pollutants (mercury) from coal- and oil-fired electric generating units. See Michigan v. EPA, No. 14-46 (June 29, 20150). The rule, known commonly as the “Mercury and Air Toxics Standards” or… AQB to Decide WVONGA Challenge to General PermitMarch 31, 2016 The West Virginia Department of Environmental Protection’s (“WVDEP”) Division of Air Quality (“DAQ”) recently issued two General Permits regulating air pollution in the oil and gas industry, both of which have been challenged by the West Virginia Oil and Natural Gas Association (“WVONGA”) as exceeding the Agency’s authority. During the public comment process, DAQ dismissed complaints about… AQB to Decide WVONGA Challenge to General PermitMarch 31, 2016 The West Virginia Department of Environmental Protection’s (“WVDEP”) Division of Air Quality (“DAQ”) recently issued two General Permits regulating air pollution in the oil and gas industry, both of which have been challenged by the West Virginia Oil and Natural Gas Association (“WVONGA”) as exceeding the Agency’s authority. During the public comment process, DAQ dismissed complaints about… WV Surface Mine Board Holds WVDEP Cannot Charge Surface Mine Permit Transfer Fees for Upstream Changes in Ownership and Control: Justice Companies Not Responsible for Fee in Stock AcquisitionJanuary 19, 2016 In 2010 or 2011, the Legislature amended the West Virginia Surface Coal Mining and Reclamation Act to impose a $1,500 fee for the transfer or assignment of permits by adding the highlighted language: d) No transfer, assignment or sale of the rights granted under any permit issued pursuant to this article may be made without the prior written approval of the secretary, application for which… New Study Could Add Fuel to the Methane-Regulation FireDecember 10, 2015 A new study of the Barnett Shale in Texas, published by the Proceedings of the National Academy of Sciences (PNAS), contained conclusions that will likely inflame the debate surrounding methane emissions from oil and gas sites. The study shows that methane emissions are likely far higher than previously estimated and that a few high-emitting facilities are responsible for a majority of the… EPA Tries to Block Murray Energy's Deposition of Gina McCarthyNovember 16, 2015 We have previously written about Murray Energy’s lawsuit against EPA in the Northern District of West Virginia. There, Murray Energy claims that EPA has failed to conduct studies required by Section 321 of the Clean Air Act about the effects of its rules and enforcement actions on jobs. The Court has permitted Murray Energy to conduct discovery, holding dispositive motions by EPA in abeyance… WVDEP Issues General Permit G70-BNovember 5, 2015 On November 2, 2015, the WVDEP made a final determination to issue General Permit G70-B for the Prevention and Control of Air Pollution in regard to the Construction, Modification, Relocation, Administrative Update and Operation of Natural Gas Production Facilities Located at the Well Site. General Permit G70-B’s proposed benefit to the natural gas industry is the adoption of the… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy-UPDATE: EPA Needs More Time to Locate and Review DocumentsJuly 27, 2015 We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia. There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. Recently, the District… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy: UPDATE 4th Circuit Denies Relief to EPAJuly 10, 2015 We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia. There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. Recently, the District… EPA’s Mercury and Air Toxics Standards (MATS) in Limbo After Supreme Court DecisionJune 30, 2015 On Monday, in an opinion written by Justice Antonin Scalia, the U.S. Supreme Court ruled that the Environmental Protection Agency “strayed far beyond [the] bounds” of reasonableness by not considering costs in its decision to regulate emissions of hazardous air pollutants from fossil fuel-fired power plants. The case, Michigan vs. EPA, was decided 5-4, with Justices Scalia, Roberts, Kennedy,… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray EnergyJune 17, 2015 We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia. There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. Recently, the District… |
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