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Federal Judge: Authority Lacking for Regulation of Hydraulic Fracking

The federal district court in the state of Wyoming recently enjoined the Bureau of Land Management (“BLM”) from regulating hydraulic fracturing (“fracking”), effectively ending, at least for now, the federal government’s...more

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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