David Wagner

David Wagner

Reed Smith

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Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014)...

Background – The Tailoring Rule: On May 13, 2010, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring new or modified stationary sources of Greenhouse Gas (“GHG”) emissions located...more

6/30/2014 - BACT Clean Air Act Climate Change Environmental Policies EPA Greenhouse Gas Emissions Permits Power Plants SCOTUS Title V Utilities Sector Utility Air Regulatory Group v EPA

Is RGGI in Pennsylvania’s Future?

Cap and trade may play a major role in the U.S. Environmental Protection Agency’s (EPA) recent proposal to cut carbon dioxide emissions from existing fossil-fueled electric generating facilities. On June 2, 2014, EPA issued a...more

6/11/2014 - Cap-and-Trade Carbon Emissions EPA Greenhouse Gas Emissions Power Plants RGGI

Proposed Rule from EPA and U.S. Army Corps of Engineers Seeks To Expand Federal Jurisdiction of Water

After years of study, litigation, controversy – and mayhem – the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”), on April 21, 2014, jointly published, for comment, a new definition of “waters of...more

5/5/2014 - Clean Air Act EPA Federal Jurisdiction Jurisdiction Proposed Regulation US Army Corps of Engineers Waters of the United States

California Proposes New Regulations on Hydraulic Fracturing Operations

California has recently issued proposed regulations that will significantly impact oil and gas extraction in the State. Oil and gas producers that use well stimulation techniques, including hydraulic fracturing (HF), should...more

11/20/2013 - Confidential Information Department of Conservation DOGGR Fracking Oil & Gas Permits Trade Secrets

The Battle Over EPA’s Proposed New Source Performance Standards For Coal Fired EGUs: Adequately Demonstrated or Impermissible...

On September 20, 2013, EPA, under the authority of section 111(b) of the Clean Air Act (CAA), re-proposed its New Source Performance Standards (NSPS) for CO2 emissions from coal-fired utility boilers and integrated...more

10/4/2013 - Carbon Capture and Sequestration Carbon Emissions Clean Air Act Coal-Fired Generation Electricity EPA Natural Gas

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

8/15/2013 - Chemicals DHS EPA Executive Orders Hazardous Substances Obama Administration Risk Management Safety Precautions

Comparison of Conflict Minerals Regulation: EU/United States

The European Union may soon join the United States in requiring certain companies to investigate and disclose whether certain minerals used in their products originated in conflict-affected or high-risk areas. On June 26,...more

7/16/2013 - Conflict Mineral Rules Dodd-Frank EU European Commission Mining Natural Resources

Take Notice – President Obama Can Take Meaningful Steps To Address Climate Change Without the Explicit Approval of Congress

Whether President Obama’s Climate Action Plan is a repackaging of existing efforts, entirely new programs, or something in between, the president has the political advantage because Congress’ possible responses are limited....more

7/11/2013 - Barack Obama Carbon Emissions Climate Action Plan Climate Change Energy & Climate Debates EPA Power Plants USEPA

Chemical Plant Safety: Will There Be Renewed Demand for Federal Regulation?

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host...more

5/27/2013 - Chemicals EPA Natural Resources Safety Precautions

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