J. Tom Boer

J. Tom Boer

Barg Coffin Lewis & Trapp, LLP

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Federal Judge Puts Freeze on EPA’s Clean Water Act Rulemaking: Preliminary Injunction Halts Implementation of 'Waters of U.S.'...

In May of this year the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) issued the much-anticipated Waters of the United States rule (the “Rule”). The Rule redefines and expands...more

8/28/2015 - Administrative Authority Administrative Procedure Act Chamber of Commerce Clean Water Act EPA Final Rules Irreparable Harm jurisd Notice and Comment Preliminary Injunctions Rapanos v US US Army Corps of Engineers Waters of the United States

New Water Rule Isn't The End of The Story

It appears that Godot has finally made an appearance. The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released their final rule, years in the making, defining "waters of the United States" under the...more

6/16/2015 - Clean Water Act Commerce Clause EPA Federal Jurisdiction Inland Waterways Jurisdiction Navigable Waters New Regulations Rapanos v US SCOTUS US Army Corps of Engineers Waters of the United States Wetlands

Clean Water Act: New Rule Significantly Expands Reach of Federal Jurisdiction

On May 27, 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) finalized the long-anticipated Clean Water Rule. The Rule defines the term “waters of the United States” as used by...more

5/28/2015 - Clean Water Act EPA Jurisdiction Land-Use Permits Rapanos v US SCOTUS US Army Corps of Engineers Waters of the United States Wetlands

California Issues Emergency Regulations Restricting Underground Injection in Connection with Oil and Gas Recovery

The California Department of Conservation (“Department”) proposes to adopt emergency regulations purported to bring California’s underground injection control program into compliance with the federal Safe Drinking Water Act...more

4/8/2015 - Department of Conservation DOGGR Drought Emergency Response EPA Oil & Gas Safe Drinking Water Act Underground Injection Wells Water Resources Control Board

Rage Rises To The Top At BLM's New Fracking Rules

On March 20, 2015, the U.S. Department of the Interior announced the issuance of a final rule regulating hydraulic fracturing on public lands managed by the Bureau of Land Management. The rule will regulate fracking in...more

4/4/2015 - Bureau of Land Management Department of the Interior Drinking Water EPA Fracking Oil & Gas

Federal Government Takes First Steps to Impose Regulation of Hydraulic Fracturing on Public Lands

On March 20, 2015, the Interior Department announced the issuance of a final rule regulating hydraulic fracturing on Federal and American Indian lands. The rule was initially proposed by the Bureau of Land Management (“BLM”)...more

3/20/2015 - Bureau of Land Management Fracking Native American Issues Oil & Gas

DTSC Invites Public Comments on Proposed Supplemental Environmental Projects Policy

This month, the California Department of Toxic Substances Control (“DTSC”) issued a Public Notice proposing a Supplemental Environmental Projects (“SEP”) Policy (“Policy”). DTSC is seeking public comment on the Policy through...more

3/19/2015 - DTSC Environmental Policies Public Comment

US EPA Appears to Put TSCA Fracking Rule On Ice

A November 2014 report on anticipated regulatory actions by the US Environmental Protection Agency (“EPA”) indicates that development of a potential rule requiring manufacturers and processors of fracking chemicals to report...more

12/10/2014 - Chemicals EPA Fracking Manufacturers Popular Proposed Regulation Reporting Requirements TSCA

EPA's Concern Over TCE Vapor Intrusion Is Misguided

On July 9, 2014, the Director of the U.S. Environmental Protection Agency's Superfund Division in Region 9 issued a memo to staff setting an “operational framework” to address “inhalation exposures [to trichloroethylene] in...more

8/29/2014 - Environmental Policies EPA Superfund Toxic Exposure Vapor Intrusion Vapor Intrusion Guidance

EPA Is Holding Flare Users’ Feet To The Fire

The U.S. Environmental Protection Agency has warned industry using flaring for pollution control that it is targeting flaring violations nationwide to reduce the release of hazardous air pollutants. Originally...more

7/30/2014 - Air Pollution Discharge of Pollutants Environmental Policies EPA Oil & Gas Pollution Control

Environmental Groups Petition EPA to Regulate Air Emissions from Oil and Gas Production and Fracking in Urban Areas

On Tuesday, May 13, 2014, a coalition of environmental organizations led by EarthJustice submitted a Petition to the United States Environmental Protection Agency calling for the regulation of air emissions associated with...more

5/15/2014 - Carbon Emissions Clean Air Act EarthJustice EPA Fracking Oil & Gas Toxic Exposure

EPA Seeks Public Comment on the Potential Nationwide Regulation of Fracking Chemicals and Mixtures

On May 9, the Administrator of the United States Environmental Protection Agency (“EPA”) signed an advanced notice of proposed rulemaking (“ANPR”) seeking public input on whether the Agency should collect and publicly...more

5/12/2014 - Chemicals Environmental Policies EPA Fracking Oil & Gas Public Comment

The State of Fracking

Fracking is not new to California - it has been used in oil fields for decades - but it has recently become a hot political and legal issue with increasing news reports about alleged environmental damage associated with...more

4/23/2014 - Air Pollution California Coastal Commission CEQA DOGGR EPA Fracking Fracking Bans Legislative Agendas Oil & Gas Petrochemicals Reporting Requirements Tax Revenues Toxic Exposure Wastewater

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