In what will likely disrupt energy production and raise the price of electricity while doing very little to combat ‘climate change,’ the Obama Administration recently moved forward to finalize its regulations of greenhouse gas emissions from power plants. On August 3, EPA issued the final Clean Power Plan rule for new and existing plants. Continue reading “EPA’s Greenhouse Gas Rules Causes More Harm Than Good”
EPA and Corps Expand Their Jurisdiction Over Waters and Wetlands
Over the objections of multiple national, state, and local groups, the EPA and the Corps of Engineers have published their final rule regarding the definition of ‘waters of the United States.’ Although they claim that the new definition merely ‘clarifies’ their existing jurisdiction, it actually expands their regulatory authority to waters and wetlands to an extent not contemplated when the Clean Water Act (CWA) was originally passed. The scope of jurisdiction is critically important because a costly and time-consuming permit is required to place materials in wetlands or other waters deemed jurisdictional. Continue reading “EPA and Corps Expand Their Jurisdiction Over Waters and Wetlands”
The Other Shoe Did Not Drop
After almost five years of study, EPA has finally released an external draft report on the potential impacts of hydraulic fracturing, or fracking, on drinking water sources. EPA concluded there are no “widespread, systemic impacts” from fracking, and the “number of identified cases where drinking water resources were impacted (were) small relative to the number of hydraulically fractured wells.” Continue reading “The Other Shoe Did Not Drop”
The New Coal Combustion Residuals Rule – An Implementation and Enforcement Nightmare
Introduction
Almost five years after the proposal, EPA has issued its final rule regarding the disposal and beneficial use of coal combustion residuals (CCRs). The rule establishes federal standards for landfills and surface impoundments in which CCRs are disposed.
Importantly, though, the rule leaves the enforcement of those standards to citizens. This method of enforcement exposes owners and operators of CCR units to uncertain outcomes and litigation costs in a variety of different courts. Continue reading “The New Coal Combustion Residuals Rule – An Implementation and Enforcement Nightmare”
EPA Coal Ash Rule Will Foster Citizen Suits
EPA has issued its final rule regarding the disposal of coal combustion residuals (CCRs). After seeking comments on whether to regulate CCRs as a hazardous or solid waste, it decided to regulate CCRs as a solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA), issuing minimum national standards for new and existing surface impoundments and landfills. The rule was published April 17. Continue reading “EPA Coal Ash Rule Will Foster Citizen Suits”
EPA Proposes Zero Discharge to POTWs From Oil and Gas Sector
EPA has published a proposed rule to establish pretreatment standards that would prevent the discharge (zero discharge) of pollutants in wastewater from onshore unconventional oil and gas extraction (UOG) facilities to publicly owned treatment works (POTW). 80 Fed. Reg. 18557 (April 7, 2015). Essentially, no wastewater from a hydraulically fractured well may be sent to a POTW. Continue reading “EPA Proposes Zero Discharge to POTWs From Oil and Gas Sector”
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”
A Lack of Due Diligence Can Lead to High Penalties in Louisiana
Oil and gas production facilities and associated tank batteries are routinely bought and sold in Louisiana without proper due diligence. In other words, they are purchased without checking the full regulatory status of the facilities. This ignorance has led to high penalties. Continue reading “A Lack of Due Diligence Can Lead to High Penalties in Louisiana”
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