Department of Environmental Protection

News & Analysis as of

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

Weekend Roundup of Environmental and Regulatory Law Developments

Recently there have been some interesting developments in environmental and regulatory law, including litigation, administrative and regulatory actions, and legislation. I’ve provided you with a little lite reading to ease...more

2016 Environmental Legislation Makes Needed Improvements to Environmental Cleanup Programs

On April 6, 2016, Governor Scott approved legislation which makes much needed improvements and modifications to several existing environmental cleanup programs in Florida including the Petroleum Restoration Program and the...more

Under the Dome Special Edition: 2016 Summary of New Maine Laws

We are pleased to share our 2016 Summary of New Maine Laws enacted during the Second Regular Session of Maine's 127th Legislature, which adjourned sine die April 29, 2016. We provide you this summary to help you stay...more

Control of Methane Air Emissions from Existing Oil and Gas Facilities: New Initiatives from EPA and Pennsylvania DEP

In March of this year, the U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy described the steps that EPA would be taking to reduce methane emissions from existing oil and gas sources. This initiative is...more

Pennsylvania Independent Regulatory Review Commission Approves Oil and Gas Rulemaking

The purpose of the rulemaking is to modify and update existing requirements related to surface activities associated with the development of conventional and unconventional oil and gas wells....more

The Florida Springs and Aquifer Protection Act

The 2016 Florida Legislature adopted SB 552, a long-awaited, comprehensive water bill that tackled issues from Everglades restoration to water supply and created the Florida Springs and Aquifer Protection Act (the Springs...more

MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under...more

News from Second and State

It was a busy week in Harrisburg this week, and for a change, the singular focus of the General Assembly was not the state budget. The biggest thing to happen this week—and maybe so far this year—was the final passage of S.B....more

Gas Company May Challenge Local Ordinance Prohibiting Deposit of Flowback Water into Underground Injection Wells

A Federal Magistrate Judge in Pennsylvania has ruled that an oil and gas exploration company may challenge a township ordinance that makes it unlawful to deposit flowback water into underground injection wells within the...more

When May a Previously Approved Site Closure Not Provide Closure - Reopening Vapor Intrusion Sites

We can expect the trend seen in Massachusetts and some other states of reevaluating and reopening previously closed sites to address the vapor intrusion pathway to grow. Massachusetts is the latest state to reevaluate...more

PA's New Strategy for Methane Reduction Raising the Bar on Air Emissions for Oil & Gas Operations

On January 19, 2016, Pennsylvania Governor Tom Wolf and the Department of Environmental Protection ("DEP") outlined a strategy to reduce methane emissions from oil and gas operations as part of their plan to establish...more

An Update on Reopening TCE Sites in Massachusetts

The Massachusetts Department of Environmental Protection plans to begin contacting some owners of properties with closed trichloroethylene (TCE) remediation sites and requiring them to conduct testing, following a review of...more

Local Wetlands Bylaw Decision Survives Pre-emption Challenge

The Massachusetts Appeals Court has again upheld the validity of a local conservation commission’s ruling under a local wetlands bylaw notwithstanding that the commission’s partial reliance on the State Wetland Protection Act...more

Regulators and Environmental Groups Differ on How to Address Stormwater Contribution to Algae Blooms in the Charles River

The battle over phosphorous in the Charles River and its resultant toxic algae blooms is heating up again, with EPA finalizing its MS4 permit targeting municipalities and their stormwater runoff into the river and...more

Maine Modifies Vapor Intrusion Guidance

Addressing a hot topic, the Maine Department of Environmental Protection (DEP) just issued “Supplemental Guidance for Vapor Intrusion (VI) of Chlorinated Solvents and other Persistent Chemicals” superseding guidance issued in...more

News from Second and State

The second week of budget hearings have come and gone with no real fanfare and nothing especially earth-shaking to report. On Monday, the House Appropriations Committee heard budget requests from the Office of Attorney...more

PA Pipeline Infrastructure Task Force Releases Final Report

On Thursday, February 18, 2016, the Pennsylvania Department of Environmental Protection (DEP) Pipeline Infrastructure Task Force (PITF) released its final report of recommendations on Pennsylvania’s future regulation of the...more

Regulations and More Regulations: Pa. Proposes Methane Reductions

On January 19, 2016, Pennsylvania Governor Tom Wolf announced a framework for reducing methane emissions from the oil and gas sector in the state. The Governor touted that as the second-largest producer of natural gas in the...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

New Pennsylvania Methane Rules may be More Stringent than Federal Standards

Gov. Tom Wolf recently announced the creation of a multi-pronged plan to target and reduce methane emissions from unconventional natural gas wells, pipelines, and other sources in the Pennsylvania oil and gas sector. These...more

Energy & Environment Update - January 2016 #2

Energy and Climate Debate - As Washington prepares for snow, energy issues continue to heat up in the second session of the 114th Congress. Senate Energy and Natural Resources Committee Chair Lisa Murkowski (R-AK),...more

New Water Law Will Affect Everyone Who Uses Water in Florida

On January 14, 2016, the officers of the Legislature presented CS/CS/SB 552 to Governor Scott for signature. More famously known as the "Water Bill," this 134-page page marvel of compromise proves that it is still possible to...more

Pennsylvania and Other States Designate Large Sources of Sulfur Dioxide Air Emissions for Close Evaluation

Pennsylvania is among the states taking initial steps required by federal regulations toward identifying areas experiencing unhealthful levels of airborne sulfur dioxide (SO2) and then developing programs to control emissions...more

Generators of Regulated Medical Waste in New Jersey Must Meet Federal Standards After Preemptions

Generators of regulated medical waste (RMW) in New Jersey may need to revise their handling, marking and storage practices and procedures to meet federal hazardous materials requirements (49 CFR parts 171-180) (the federal...more

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