Christopher "Kip" B. Power

Christopher "Kip" B. Power

Dinsmore & Shohl LLP

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EPA Re-gains “Green Light” to Regulate Permitting Procedures - D.C. Circuit overturns lower court decisions on EPA permitting...

Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals....more

7/24/2014 - Clean Water Act Coal Mines Environmental Policies EPA Mining NPDES

Fourth Circuit Affirms Liability for Selenium Discharges - Rejects Permit Shield Defense

By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A & G Coal Corporation (“A & G”)...more

7/24/2014 - Appeals Citizen Suits Clean Water Act Coal Coal Industry Environmental Liability Land-Use Permits NPDES

West Virginia Legislature Passes Comprehensive Aboveground Storage Tank Bill and Amends Public Water Supply Laws

On March 8, 2014, the West Virginia Legislature passed a comprehensive bill, primarily in response to the Jan. 9, 2014 leak of fluid containing 4- Methylcyclohexane Methanol (MCHM) from an aboveground storage tank into the...more

3/18/2014 - Storage Tanks Utilities Sector Water Water Supplies

Hernshaw Decision Could Have Impacts Beyond Coal Industry - Court Allows Citizens Suit to Proceed Based On Lingering Effects from...

The U.S. District Court for the Southern District of West Virginia has issued a number of decisions in the last several years touching upon the outer contours of jurisdiction under the Clean Water Act’s citizen suits...more

12/17/2013 - Citizen Suits Clean Water Act Coal Discharge of Pollutants Mining Standing

State Primacy in Coal Mining Regulations Challenged: Environmental Group Seeks Federal Court Jurisdiction

State sovereignty over the regulation of coal mining is again under attack by anti-industry groups. In Montana Environmental Information Center, et al. v. Stone-Manning, et al., Appeal No. 13-35107 (Ninth Circuit Court of...more

10/15/2013 - Coal Mines Eleventh Amendment Jurisdiction Mining SMRCA Sovereign Immunity

States’ Primary Authority to Regulate Coal Mining Pursuant to SMCRA Under Assault

As suggested in a “Guidance Memorandum” issued by the Obama Administration in November 2009, and solidified through a Memorandum issued by the U.S. Department of Interior’s Office of Surface Mining (“OSM”) in November 2010,...more

10/15/2013 - Coal Coal Industry Coal Mines Department of Environmental Protection Jurisdiction Mining Permits Ripeness

Federal Courts Issue Significant Rulings Affecting Lease Extensions, Surface Uses for Natural Gas Production in West Virginia

Federal courts have issued two notable rulings recently that may have implications for other pending disputes in West Virginia, and could affect future lease negotiations between natural gas owners and producers. These...more

10/1/2013 - Leases Mineral Leases Natural Gas Rule Against Perpetuities Trespass Waste Disposal

Upcoming Ruling Will Impact West Virginia Water Permitting Process -- Dinsmore files amicus brief with Supreme Court to support...

Nearly three years ago, the Sierra Club commenced an administrative appeal of a WV/NPDES water discharge permit issued by the West Virginia Department of Environmental Protection (“WVDEP”) for a mining operation in Monongalia...more

7/30/2013 - Discharge of Pollutants EPA Mining Sierra Club Water

Environmental Groups Seek to Impose Selenium Treatment Obligations on Property Owners

The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, and Sierra Club have filed five (5) lawsuits in the last two months in the U.S. District Court for the Southern District of West Virginia, alleging...more

7/1/2013 - Clean Water Act Discharge of Pollutants Mining NPDES Sierra Club

West Virginia Chamber Environmental Committee Meets With EPA Region III – “Sustainability” Is The Buzzword Of The Day

On June 25, 2013, along with other members of the West Virginia Chamber of Commerce’s Environmental Committee, we met in Philadelphia with EPA Region III Regional Administrator Shawn M. Garvin and about a dozen members of his...more

7/1/2013 - Environmental Policies EPA Greenhouse Gas Emissions Mining Oil & Gas Shale Gas Sustainability

WVDEP Finalizes Changes to Natural Gas General Permits and Associated Regulations

The West Virginia Department of Environmental Protection (WVDEP) is in the midst of finalizing changes to general permits and rules in three (3) different areas pertaining to natural gas production and processing. These new...more

6/3/2013 - Air Pollution Department of Environmental Protection EPA Natural Gas Permits Storm Water

EPA Declines to Create New Air Pollution Control Program for Coal Mines – For Now.

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have the agency issue a determination pursuant to section 111 of the federal...more

5/20/2013 - Air Pollution Coal Mines EPA Greenhouse Gas Emissions New Source Performance Standards

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

4/29/2013 - Clean Water Act Coal Mines Environmental Impact Report EPA Mining Permits US Army Corps of Engineers Veto Rights

West Virginia Surface Owners May Not Appeal Gas Well Permits

As reported on September 27, 2012, the West Virginia Supreme Court of Appeals was recently presented with a certified question concerning whether surface rights owners may bring a court action to challenge gas well drilling...more

11/27/2012

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