In early August 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed denial of Alabama’s permit program to manage coal combustion residuals (CCR) in landfills and surface impoundments within the state. The...more
The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more
The Supreme Court of Texas (“Court”) addressed in a February 11th opinion what constitutes an operator for purposes of a wastewater permit. See Texas Commission on Environmental Quality v. Maverick County, 642 S.W.3d 537. ...more
On the same day that Maine's highest court was pondering whether 25 percent of Maine's registered voters will successfully prevent hydropower from Canada from reaching New England, E&E published this prediction of...more
The Sierra Club, WildEarth Guardians, Center for Biological Diversity, and High Country Conservation Advocates (collectively “Sierra Club”) and Mountain Coal Company and Arch Resources, Inc. (collectively “Mountain Coal”)...more
Texas is now the third state with an approved CCR permit program. On June 28, 2021, the Environmental Protection Agency published the approval of the Texas Commission on Environmental Quality’s partial State Coal Combustion...more
More Federal Permits Handed Down as MVP Presses FERC for Construction Restart - "The Mountain Valley Pipeline LLC told FERC that it has received a series of key federal waterbody crossing permits, bolstering its case to...more
U.S. Shale Producers Race for Federal Permits Ahead of Presidential Election - "Federal permitting in the largest U.S. oilfield in the Permian Basin, located in Texas and New Mexico, is up 80 percent in about the last three...more
Cancelled Teck Oil Sands Project Underscores Global Climate-Energy Policy Tension - "The Frontier project became the latest casualty in oil-producing countries with robust environmental movements agitating to cut...more
Court Ruling Vindicates ExxonMobil in New York ‘Climate Change’ Fraud Case - “'The Office of the Attorney General failed to prove, by a preponderance of the evidence, that ExxonMobil made any material misstatements or...more
FBI Eyes How Pennsylvania Approved Pipeline - "The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry...more
Southwestern Indiana Citizens for Quality of Life, Inc. and Valley Watch, Inc. (collectively “Petitioners”) filed a July 11th Petition for Administrative Review (“Petition”) challenging the Indiana Department of Environmental...more
Analysts Say U.S. Coal Merger Not Anti-Competitive- "The proposed 'extraordinary' joint venture between U.S. coal majors Peabody Energy and Arch Coal will be structurally beneficial, rather than anti-competitive for U.S....more
Trump Eyes Action to Limit States' Powers to Block Pipelines - "The Trump administration is considering taking steps to limit the ability of states to block interstate gas pipelines and other energy projects, according to...more
More, Deeper Wells Planned for Existing Marcellus Site in Washington Township - "CNX has applied to the state Department of Environmental Protection for a permit to drill four new wells to tap natural gas from Utica shale...more
On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more
As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more
Federal Agency Halts All Work on Atlantic Coast Pipeline After Judges Revoke Permits - "The Federal Energy Regulatory Commission sent a letter to Dominion Energy, the company leading construction of the 600-mile pipeline,...more
LyondellBasell Looking to Control Braskem; Could Help WV Cracker - "A deal could breathe life into the ethane cracker Braskem proposed for a site near Parkersburg, W.Va., roughly five years ago." Why this is important:...more
In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...more
Committee Decides Physician Acquisition Disclosure Bill Is Unnecessary - The Senate Health and Welfare Committee has decided not to pursue consideration of S.245, a proposal to require disclosure of new affiliations...more
The Clean Water Act permit shield provision provides that compliance with an NPDES permit constitutes compliance with the CWA. What happens the permit does not mention a particular pollutant? In Southern Appalachian...more
On Tuesday 19 February 2013, the New South Wales (NSW) Government announced a high level package of reforms to coal seam gas (CSG) regulation in NSW. Included in the package endorsed by Cabinet: - the role of the...more