In 2009, Congress asked EPA to examine the relationship between hydraulic fracturing and drinking water resources. In June 2015, EPA released for external review a draft report entitled “Assessment of the Potential Impacts for Oil and Gas on Drinking Water Resources.” The Executive Summary observed that the Assessment “synthesizes available scientific literature and data to assess the…
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…
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…
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…
Fayette County, West Virginia is home to the New River Gorge. It is also home to the newest local ordinance affecting the oil and gas industry. On January 12, 2016, the County adopted an “Ordinance Banning the Storage, Disposal or Use of Oil and Natural Gas Waste in Fayette County, West Virginia.” Just days later, EQT Production Company sued the County Commissioners in federal court…
By letter dated October 29, the Sierra Club served a “Notice of Intent to Sue” on four exploration and production companies claiming that their injection of waste fluids from the oil and gas industries has contributed to earthquakes in Oklahoma and southern Kansas. The NOI cites the so-called “imminent harm” provision of RCRA. That provision authorizes citizens who have suffered…
The latest effort by pipeline opponents to slow FERC approvals focuses on the National Environmental Policy Act (“NEPA”). NEPA requires environmental impact statements for “major federal actions” which are determined to “significantly affect the quality of the human environment.” The requirement of FERC approval and the need for other federal permits for pipeline projects triggers NEPA. …
Starting in October 2011, the Environmental Integrity Project and other organizations petitioned EPA to add the Oil and Gas Extraction industrial sector to the scope of industrial activity covered by the reporting requirements of Section 313 of the Emergency Planning and Community Right to Know Act, commonly known as the “Toxics Release Inventory.” That petition sought to include all sub-sectors…
According to press accounts, the Oak Hill Town Council passed a non-binding resolution supporting a possible county ordinance that would outlaw the storage, disposal or injection of coal refuse slurry or the waste byproducts from hydrofracking within the boundaries of Fayette County, West Virginia. The Town Council referenced two model county ordinances posted on a website maintained by…
In early June, EPA released its draft report assessing the potential impacts of hydraulic fracturing for oil and gas on drinking water resources. The comment period recently ended in late August. EPA’s study was met with general applause from the oil and gas industry as EPA ultimately found that hydraulic fracturing activities have not led to widespread, systematic impacts to drinking water…
A recent publication reported that researchers have found a “link” between hydraulic fracturing and increased hospitalization rates in the Marcellus shale drilling regions of Pennsylvania.
Cause for alarm? Not so fast.
Scientists and statisticians tell us that “correlation does not imply causation.” Two variables may be correlated (or “linked” as the media like to say) without one causing the…
In March 2014, Murray Energy sued EPA in West Virginia. Murray claimed EPA had failed to conduct “continuing evaluations of potential loss or shifts of employment which may result from the administration of” the Clean Air Act as required by Section 321(a) of that Act. In particular, Murray claimed EPA had not conducted the required evaluations of the effect of its programs on the coal…
