Energy and Environment MonitorOil and Gas DevelopmentAQB 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… Sierra Club Threatens RCRA Citizen Suit Against Oil & Gas Operators Over Earthquakes in Oklahoma and Southern KansasNovember 11, 2015 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… Pipeline Opponents Urging FERC to Consolidate NEPA Review for Multiple Pipeline ProjectsNovember 4, 2015 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. … EPA Acts on Petition to Extend Toxic Release Inventory Reporting to Oil and Gas Extraction SectorNovember 3, 2015 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… Comments Suggest Room for Improvement for EPA Study with Positive Outlook on Fracing and Drinking WaterSeptember 21, 2015 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… N.Y. Releases Study Which Governor Relied Upon To Ban FracingMay 18, 2015 On May 13, 2015, the New York State Department of Environmental Conservation (the Department) finally released its Final Supplemental Generic Environmental Impact Statement (SGEIS) examining high-volume hydraulic fracturing’s (HVHF) potential significant adverse environmental and public health impacts and possible mitigation measures to eliminate, avoid or reduce those impacts. A copy of the… 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… |
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