News & Analysis as of

Environmental Impact Analysis Required for Natural Gas Facilities Clarified in Court Decision Denying Residents’ Challenge to...

A New York town’s challenge to the Federal Energy Regulatory Commission’s (FERC) siting authorization for a natural gas pipeline compressor station was rejected by the U.S. Court of Appeals for the D.C. Circuit in Minisink...more

Oil and Gas Developer Challenges an Extreme Waste Disposal Ordinance Enacted by a Pennsylvania Township

Oil and gas developer Pennsylvania General Energy Company, LLC (“PGE”) recently filed suit against Grant Township in Indiana County, Pennsylvania, alleging that a waste disposal ordinance enacted by the Township violates the...more

Fracking Hearings Set to Begin in North Carolina

This Wednesday in Raleigh will see the first of four upcoming public hearings in North Carolina over the state’s proposed fracking rules. The hearings are part of the final phase of rule making, coming after two years of...more

SB 1281 (Pavley): Oil & Gas Production; Water Use Reporting

SB-1281 was amended in the Assembly Committee on Appropriations on August 4, 2014. A scheduled hearing on August 6 was postponed and held on suspense under Joint Rule 62(a). As of this writing, a hearing has not yet been...more

California Environmental Law and Policy Update - August 2014 #2

Environmental and Policy Focus - Appellate court upholds environmental work for high-speed rail via Pacheco Pass: Fresno Bee - Jul 24 -- State appeals justices on Thursday upheld a lower court's approval of an...more

New Jersey Supreme Court Allows Early Contribution Claims Under the Spill Act

Parties sued by the New Jersey Department of Environmental Protection (“DEP”) for remediation now have an immediate right to seek contribution from other potentially responsible parties. Following last week’s unanimous ruling...more

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate...more

Environmental Alert: "Clearly Allocate Risk of Change Interpretations in Transactions"

When buyers request that sellers warrant compliance with environmental law, sellers need to appreciate that agency interpretation or agency enforcement discretion may have played a role in the seller’s apparent ongoing...more

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

The EPA, H20, and Fracking: An EPA study of drinking water and hydraulic fracturing could have far-reaching implications for...

As many who work in the oil and gas industry are aware, the U.S. Environmental Protection Agency is pressing forward with a multiyear Study of the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources. On...more

New York Court of Appeals Upholds Local Fracking Bans

The New York Court of Appeals, in a 5-2 decision, held that the New York State Oil, Gas and Solution Mining Law (“OGSML”) does not preempt municipal zoning authority. The Court explained that land use regulation is among the...more

Texas Railroad Commission Chairman Calls Proposed Denton Fracking Ban ‘Extremely Misguided’; Asks City Council to Reject Measure

On July 11th, Texas Railroad Commission Chairman Barry Smitherman sent a letter to the mayor and city council members for Denton, Texas asking that the council reject a proposal to ban hydraulic fracturing in Denton. Chairman...more

Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their...more

Water Issues Reframe State Fracking Debate

The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply. With the state facing one of the most severe droughts on record and water regulators tightening...more

LNG As A Marine Fuel – The Speed Of Change

“When I was asked if I might speak about the use of LNG as fuel for ships, two thoughts came to mind. Firstly, the old Latin maxim: volenti non fit injuria. Or in my vernacular: “well, you asked for...more

Are Oil and Gas Producers Protecting the Environment?

In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way....more

Surprise -- EPA's Proposed CO2 Control Regulation Would Affect More Than Just Coal Utility Boilers

Anyone who has read the newspaper or watched the news in the past month will know that EPA has proposed a regulation that would require coal-powered plants to reduce greenhouse gas (primarily carbon dioxide (CO2)) emissions. ...more

D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This...more

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

Climate Change Mitigation: The New Energy Policy

The Administration's Clean Power Plan (the "Plan"), released on June 2 and published on June 18, confirms that climate change mitigation goals are now a key driver of both environmental and energy policy. By imposing total...more

EPA Publishes its Proposed Regulations for Existing Power Plants – Starting the Public Comment Period

Today, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its June 2, 2014, proposal to regulate greenhouse gas emissions from existing fossil fuel-fired power plants. The act of publication...more

Is RGGI in New Jersey's and Pennsylvania’s Future?

With the release of EPA’s proposed regulation of CO2 from existing sources on June 2, there has been a lot of speculation that states will look to cap-and-trade schemes as a means of complying with EPA’s mandate that the...more

The Third Piece of EPA’s Clean Power Plan: GHG Emission Limits for Modified and Reconstructed Power Plants

The U.S. Environmental Protection Agency’s proposed greenhouse gas (GHG) regulations for “new” and “existing” power plants have received substantial media attention, but regulated parties should also be aware of the third...more

California Environmental Law and Policy Update - June 2014 #2

Environmental and Policy Focus - Kings County lawsuit challenges Fresno-Bakersfield high-speed rail: Fresno Bee - Jun 5: The Kings County Board of Supervisors, the Farm Bureau, and a group of county residents filed...more

EPA Releases Significant Proposed Rule to Curb Greenhouse Gas Emissions from Existing Power Plants - Proposed Rule Is Part of...

EPA's proposed rule is focused on limiting the carbon intensity of fossil fuel-fired power plants (commonly referred to as electric generating units or EGUs) by adopting goals to limit overall carbon dioxide (CO2)...more

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