Tad Macfarlan

Tad Macfarlan

K&L Gates LLP

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Supreme Court Authorizes Judicial Review of Clean Water Act Jurisdictional Determinations Over Federal Government’s Objection

In a rebuke to the U.S. Army Corps of Engineers (“Corps”), the United States Supreme Court unanimously held on May 31, 2016, in Corps v. Hawkes that jurisdictional determinations (“JDs”) under the Clean Water Act are...more

6/6/2016 - Administrative Procedure Act Clean Water Act EPA Hawkes Co v United States Army Corps of Engineers Judicial Review Jurisdictional Determination (JD) SCOTUS US Army Corps of Engineers Waters of the United States

Full Court Press: EPA Issues Final Rulemakings and a Draft Information Collection Request in Its Ongoing Effort to Reduce Methane...

As part of President Obama’s Climate Action Plan: Strategy to Reduce Methane Emissions, the U.S. Environmental Protection Agency (“EPA”) on May 12, 2016 released a suite of final actions and a proposed action that are focused...more

5/24/2016 - Clean Air Act Energy Sector EPA Methane Natural Gas Oil & Gas Volatile Organic Compounds (VOC)

The Beat Goes On: Pennsylvania Takes Aim at Reducing Methane Emissions from the Oil and Gas Industry

Pennsylvania is currently a hotbed of regulatory initiatives focused on the oil and gas industry. The Environmental Quality Board, for example, will decide on February 3 whether to adopt the Department of Environmental...more

1/29/2016 - Air Pollution Department of Environmental Protection Energy Sector EPA Methane National Emissions Standards New Source Performance Standards (NSPS) Oil & Gas Pollution Control Regulatory Agenda

Clean Water Rule Stayed Nationwide

On October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued a stay of the Obama Administration’s new rule defining the scope of federal jurisdiction under the Clean Water Act. The stay postpones...more

10/15/2015 - Appeals Clean Water Act Clean Water Rule EPA Obama Administration Regulatory Agenda Stays Subject Matter Jurisdiction US Army Corps of Engineers Waters of the United States

EPA Publishes Regulatory Proposals that Would Further Curb Methane and VOC Emissions from the Oil and Gas Sector

On August 18, 2015, the U.S. Environmental Protection Agency (“EPA”) proposed a suite of regulatory actions aimed at reducing methane and volatile organic compound (“VOC”) emissions from the oil and gas sector....more

9/21/2015 - Clean Air Act Climate Change Compliance Energy Sector EPA Fracking Greenhouse Gas Emissions Methane Natural Gas Obama Administration Oil & Gas Ozone Regulatory Agenda Volatile Organic Compounds (VOC)

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

7/16/2015 - Administrative Procedure Act Agricultural Land Chesapeake Bay Chevron Deference Clean Water Act Compliance Discharge of Pollutants EPA Farm Bureau Farms Industrial Discharges Municipalities NPDES Sediment Control TMDL Wastewater Watershed

EPA and the Army Corps Issue Final Clean Water Rule, but Does This New “Line in the Water” Clarify, Expand or Narrow Clean Water...

On May 27, 2015, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a final rule (the “Clean Water Rule”) redefining the scope of their shared jurisdiction under...more

6/22/2015 - Clean Water Act Clean Water Rule EPA Federal Jurisdiction Final Rules Inland Waterways Jurisdiction Navigable Waters US Army Corps of Engineers Waters of the United States

Can You Feel New Regulations in the Air? EPA Announces Steps That It Will Take to Reduce Methane and VOC Emissions from Oil and...

In recent years, the proliferation of oil and gas production, transmission, and distribution activities in the United States has led to a number of regulatory initiatives by state and federal agencies designed to manage new...more

2/4/2015 - Clean Air Act Energy Policy EPA Methane NAAQS Natural Gas Oil & Gas Power Plants Regulatory Agenda Regulatory Standards Volatile Organic Compounds (VOC)

PADEP Proposes Tough New Policy for Enforcing Oil and Gas Violations and Responding to Water Contamination Complaints

On October 3, 2014, the Pennsylvania Department of Environmental Protection (“PADEP”) unveiled a new draft policy that would strengthen its compliance and enforcement protocols for both unconventional and conventional oil and...more

10/8/2014 - Contaminated Properties Contamination Department of Environmental Protection Discharge of Pollutants Energy Environmental Policies Oil & Gas Water

Supreme Court “Not Willing to Stand on the Dock and Wave Goodbye” as EPA Explores How It Can Regulate Greenhouse Gases from Every...

In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more

6/26/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

Is The “Functional Interdependence” Test Dead?

On May 30, 2014, the United States Court of Appeals for the D.C. Circuit vacated the Environmental Protection Agency’s (“EPA’s”) attempt to preserve an expansive view of what constitutes a single source of air emissions under...more

6/4/2014 - Appeals Clean Air Act EPA Functional Interdependence

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

4/4/2014 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Waters of the United States Wetlands

Adapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania’s Environmental Laws

Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania....more

10/14/2013 - Criminal Prosecution Environmental Crimes Oil & Gas Penalties Strict Liability

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

1/24/2013 - Air Pollution Clean Air Act EPA Functional Interdependence Oil & Gas Permits

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