Astroturfing the Grassroots

Astroturfing is the practice of masking the sponsors of a message to make it appear as though it originates from and is supported by grassroots participants. A grassroots movement is one naturally and spontaneously originating at the local level to give voice to a particular point of view.

In recent years, astroturfing has found its way into the environmental arena, blurring the lines between a true grassroots movement for or against a policy, facility or permit and one manufactured by a group for or against that policy, facility or permit. Most recently, the war on coal seems to be fertile ground in which fake grassroots can be planted. Continue reading “Astroturfing the Grassroots” →

New Climate Rules Will Impact Oil and Gas Industry

EPA continues to focus on the oil and gas sector in its relentless quest for reduction of methane and volatile organic compound (VOC) emissions. It now seeks to expand on the standards announced in 2012 for hydraulically fractured natural gas wells by having additional standards on a variety of sources in place by 2016.

Methane accounts for about 9 percent of domestic greenhouse gas emissions. Although methane emissions have decreased since 1990, EPA predicts they will increase through 2030 if action is not taken. As a result, EPA believes new reductions are necessary in order to meet the administration’s goal of reducing greenhouse gas emissions by 17-percent below 2005 levels by 2030. As the oil and gas sector accounts for roughly 28 percent (in 2012) of greenhouse gas emissions, EPA sees it as a fertile ground for action. Continue reading “New Climate Rules Will Impact Oil and Gas Industry” →

The Fifth Circuit Declines to Extend Sackett to Jurisdictional Determinations

In Belle Company v. U.S. Army Corps of Engineers, 761 F.3d 383 (5th Cir. 2014) [http://www.ca5.uscourts.gov/opinions/pub/13/13-30262-CV0.pdf], the Fifth Circuit distinguished the jurisdictional determination (JD) issued to Belle from the compliance order issued to the Sacketts and declined to extend “final agency action” status to a JD issued by the Corps. In Sackett v. EPA, 132 S. Ct. 1367 (2012) [http://www.supremecourt.gov/opinions/11pdf/10-1062.pdf], the Supreme Court ruled that a compliance order issued by the EPA was a final agency action and thus subject to judicial review under the Administrative Procedure Act (APA). Continue reading “The Fifth Circuit Declines to Extend Sackett to Jurisdictional Determinations” →

Regulation of Oil and Gas Activities in Texas, Louisiana

Oil and gas E&P operations are regulated by a variety of agencies in varying degrees and forms. Jurisdictional lines overlap and are sometimes blurred to a point where it is increasingly difficult for operators to understand which agency is regulating which activity. Adding to the confusion, operators from one state may conduct regulated activities in another but not fully understand the applicable regulatory regime. The information in this article, although certainly not definitive, may shed some light on the regulation of waste and air emissions. Continue reading “Regulation of Oil and Gas Activities in Texas, Louisiana” →

The Clean Air Act And The Basis for Regulation of Greenhouse Gases–Part 2

Rulemakings Following Massachusetts

After Massachusetts, EPA embarked on the process of grounding its reasons for action in the statute, as directed by the Supreme Court. In July, 2008, EPA published an Advanced Notice of Proposed Rulemaking (ANPR) in which it solicited comments on “a wide variety of issues regarding the potential regulation of greenhouse gases under the CAA.” [60] Interestingly, the “ANPR also contained a summary of much of the work EPA had done in 2007 regarding draft greenhouse gas emission standards for light duty vehicles and trucks under section 202(a) of the Act.” [61] The fact that work was done in 2007 on such standards seems to imply that, at least informally, a ‘judgment’ under Section 202 had already been made. Continue reading “The Clean Air Act And The Basis for Regulation of Greenhouse Gases–Part 2” →

The Clean Air Act And The Basis for Regulation of Greenhouse Gases–Part 1

This article will endeavor to explain the regulation of greenhouse gases under the Clean Air Act, focusing on and explaining the provisions of the Clean Air Act relied on by the Environmental Protection Agency to justify or support that regulation. The article will examine the CAA’s applicable definitions and provisions, the Supreme Court’s interpretation of those provisions in the seminal case of Massachusetts v. EPA, the various findings and rules published in the wake of Massachusetts v. EPA, the recent case law interpreting the validity of these findings and rules, the major rules regulating greenhouse gases which have been issued or proposed by the Environmental Protection Agency, and the likely future of greenhouse gases regulation. Continue reading “The Clean Air Act And The Basis for Regulation of Greenhouse Gases–Part 1” →

Believe It Or Not, The Clean Water Act May Actually Help You

Most industrial sites have wastewater discharges, and most people know those discharges must be permitted under the Clean Water Act (CWA). What many people do not know, including some consultants, is the CWA has a “permit shield” that could protect your company or client from liability to a regulatory agency or as a result of a citizen suit by a third party. Continue reading “Believe It Or Not, The Clean Water Act May Actually Help You” →

Supreme Court Rules on Major Greenhouse Gas Regulation

The Supreme Court rejected EPA’s approach to regulating greenhouse gases (GHGs) for smaller sources. At the same time, though, it gave EPA what it really wanted – the authority to regulate the GHGs emitted by sources already deemed “major.” Continue reading “Supreme Court Rules on Major Greenhouse Gas Regulation” →

The Goal? No Coal!

The EPA has issued its long-awaiting proposed rule to curb carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units (EGUs). Although there has been a much-heralded ‘pause’ in global warming over the last 16 years, EPA is moving ahead to fulfill President Obama’s Climate Action Plan, in which he calls for a reduction in CO2 emissions from power plants, and to otherwise achieve his stated goal of bankrupting coal plants.

CO2 is the primary greenhouse gas (GHG), accounting for 82% of US GHG emissions and 75% of global GHG emissions. Electricity generation accounts for 32% of GHG emissions and fossil fuel-fired EGUs are by far the largest emitters of GHG. Continue reading “The Goal? No Coal!” →

Green Completions Help the Environment and Industry

It is no secret that EPA and many environmental groups are worried about the level of emissions of greenhouse gases (GHG) and the cumulative effects of rising amounts of GHG on our environment. Many recent regulations have been issued by EPA and lawsuits filed by environmental groups to try and reduce those emissions from various industry categories. Oil and gas exploration and production activities have been specifically targeted for special scrutiny because that industry has been deemed to be a significant source of such emissions.

Methane is a potent GHG. In fact, EPA currently rates methane as having twenty-five times the global warming potential of carbon dioxide. Since natural gas is primarily methane, EPA has focused some of its recent efforts in rule-making to curtailing the release of natural gas/methane from natural gas well completion activities associated with hydraulically fracturing, or fracking. However, while additional regulation is usually burdensome to the point where the costs outweigh potential benefits, these regulations may actually create discernible savings and profits for industry. Continue reading “Green Completions Help the Environment and Industry” →