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The Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on New Natural Gas Connections

Last week, the 9th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation...more

Oil and Hazardous Substances; Never the Twain Shall Meet

Late last month, in Munoz v. Intercontinental Terminals Company, the 5th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that, consequently, where oil and...more

The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?

Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more

The Impact of Exposure to Leaded Gasoline Was Horrific: Will We Say the Same in 2050 About the Impact of PM2.5 Exposure?

An article in the Proceedings of the National Academy of Sciences (login required) has documented the devastating impact caused by the use of leaded gasoline. The study estimates that more than half of Americans alive in...more

It’s Still (Again) Necessary and Appropriate to Regulate Air Toxics From Power Plants

EPA has proposed to revoke the Trump administration finding in 2020 that it is not appropriate and necessary to regulate emissions of air toxics from coal- and oil-fired electric generating units.  Instead, EPA proposes to...more

It’s Important to Acknowledge Good News — The End of Leaded Gasoline

As climate change rightly has dominated recent discussions of environmental policy, it’s been easy to forget how much progress has been made in the past fifty years. I was reminded of the extent of that progress by the story...more

FERC Considers GHG Emissions in a Gas Pipeline Review — Everyone Is Unhappy

According to E&E News (subscription required), FERC yesterday, for the first time, assessed the impacts of a gas pipeline’s downstream GHG emissions.  (As of this writing, the decision is not yet available on FERC’s web...more

3/19/2021  /  FERC , Natural Gas , Oil & Gas , Pipelines

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

The New Midas Touch — Everything He Touches Turns To Dung

Everyone noticed when President Trump issued an order earlier this month banning offshore oil and gas drilling in certain areas until 2032. It was obvious to everyone that this was a campaign stunt, intended to improve his...more

EPA Rolls Back Obama Methane Rules; I Coin a Phrase: “Regulatory Whiplash”

Last week, EPA finalized its rollback of Obama administration regulations governing methane emissions from the oil and gas industry. The move is not exactly a surprise. Regarding the purpose of the rollback, I stand by my...more

Dakota Access Lives to Pump Another Day

On Wednesday, the D.C. Circuit Court of Appeals stayed the injunction requiring the shutdown of the Dakota Access Pipeline.  It’s a victory for the operator, Energy Transfer LP, simply because it lives to fight another day. ...more

It’s Not Looking Good For Nationwide Permit 12

Yesterday, the 9th Circuit Court of Appeals refused the appellants’ request for a partial stay of the injunction recently issued against use of the Army Corps Nationwide Permit 12 for oil and gas pipeline projects...more

More Evidence About Methane Emissions From Fracking

Earlier this month, I reported on a study showing that methane emissions from Permian Basin fracking operations were quite high. Since that study acknowledged that there are reasons to think that methane emissions from the...more

5/18/2020  /  Energy Sector , Fracking , Methane , Oil & Gas

Baltimore’s Climate Case Will Be Heard in State Court

Last week, the 4th Circuit Court of Appeals affirmed the District Court decision remanding Baltimore’s climate change litigation to state court. I wouldn’t read too much into the decision, which is founded on the niceties of...more

A Carbon Fee on Transportation Fuels Is Not Coming Your Way Any Time Soon If You Live In New Hampshire

On December 17, 2019, I noted with enthusiasm the announcement that the states participating in the Transportation and Climate Initiative had released a new draft Memorandum of Understanding outlining the framework of what...more

Coming Your Way (Relatively) Soon: A Carbon Fee on Transportation Fuels

The 12 states and the District of Columbia participating in the Transportation and Climate Initiative announced yesterday the release of a new draft Memorandum of Understanding that outlines the framework of what they are...more

In Case You Missed It, We're in a Climate Emergency

Last week, BioScience published the “World Scientists’ Warning of a Climate Emergency.” It’s actually a nice piece of work – short, readable, to the point. In barely 4 pages, it concisely summarizes the fine mess we’ve gotten...more

EPA Proposes to Eliminate Oil and Gas Methane Rules: Just Another Brick in the Deregulatory Wall

Last week, EPA proposed to eliminate regulation of methane emissions from the oil and gas industry. The most noteworthy response to the proposal came from the large producers. ExxonMobil, Shell, and BP all oppose the...more

BLM Loses Another Case Regarding Energy Development on Federal Lands

Earlier this week, the 10th Circuit Court of Appeals partially reversed a district court decision, and ordered the Bureau of Land Management to vacate the NEPA approvals and permits it had issued authorizing the drilling of a...more

Whatever Happened to the Conservative Belief in Markets?

After receiving an analysis showing that shutting the Jim Bridger and Naughton coal-fired electric generating plants in Wyoming would save ratepayers money, PacificCorp, the owner of the plants, announced that it would shut...more

Reason Number 42,659 For Putting a Price On Carbon

I don’t work in the oil and gas industry. This lede from Bloomberg Environment may not be news to anyone in the industry, but it absolutely blew me away...more

Carbon Free Boston — Or How to Save the World in a Few Easy Steps

Boston’s Green Ribbon Commission has just released Carbon Free Boston, which outlines a pathway to a carbon-free city by 2050. It’s a thoughtful and careful report. My immediate reaction was two-fold. Of course we have to do...more

Deja Vu All Over Again — The Trump Administration Refuses to Provide “Good Reasons” For Its Change in Course on Keystone XL

On November 8, 2018, Judge Brian Morris granted summary judgment to plaintiffs on some of their claims challenging the State Department’s new Record of Decision for the Keystone XL project. Whatever our Tweeter-in-chief may...more

Municipalities May Regulate the Local Impacts of Pipelines Without Violating the Commerce Clause

On Friday, August 24, 2018, Judge John Woodcock held that an ordinance enacted by the City of South Portland, Maine, that prohibited loading crude oil from a pipeline terminating in South Portland onto tankers in South...more

Still No Judicial Remedy For Climate Change — Don’t Expect Advocates To Stop Trying

On Monday, June 25, 2018, Judge William Alsup dismissed the public nuisance case brought by the City of Oakland and the State of California against five major oil companies. The suit sought payment of damages into a fund to...more

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