Hydraulic fracturing, or fracking, is loudly and frequently blamed for contaminating water supplies. However, a new study by the DOE casts doubt on these assertions while another study highlights the need for increased quality control in well casing and sealing. Continue reading “Two Studies Suggest Fracking Is Safe”
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!”
EPA, U.S. Corps Assert Jurisdiction over Isolated Waters, Wetlands
During the golden age of discovery, an explorer arriving at the mouth of an unknown river would plant his country’s flag and claim all lands drained by that river for his sovereign. In modern times, there is no need for any flags or ocean voyages. Our sovereign simply publishes a proposed rule to accomplish the same thing.
The Clean Water Act (CWA) prohibits discharges of dredged or fill material into “navigable waters,” which are defined in the CWA as the “waters of the United States.” Regulations published by the U.S. Army Corps of Engineers (Corps) provide an expansive definition of waters of the United States, which serves to delineate the scope of the Corps’ jurisdiction under the CWA over those waters, which include wetlands. A permit from the Corps is required to place material in wetlands or other waters deemed jurisdictional.
The Corps has released a proposed rule that provides an even more expansive definition of U.S. waters, which serves to expand its jurisdiction over tributaries and wetlands far removed from any traditional navigable waters. If the proposed rule becomes final as written, permits will be required for activities in areas that were not previously regulated and that could be dozens of miles from navigable waterways. Continue reading “EPA, U.S. Corps Assert Jurisdiction over Isolated Waters, Wetlands”
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”
The Keystone XL Pipeline Passes The President’s Red-Line On Climate
Avoiding a favorable decision on the Keystone XL Pipeline got a bit harder for the Obama Administration as the US State Department issued a Final Supplemental Environmental Impact Statement (EIS) for the Pipeline in January. Overall, the Final Supplemental EIS supports the issuance of the necessary permits mainly because it establishes that the Pipeline meets and exceeds President Obama’s stated test for approval.
The Pipeline will stretch 875 miles and carry up to 830,000 barrels of crude oil per day originating in Western Canada to Steele City, Nebraska, where it will proceed through existing pipelines to refineries on the Gulf Coast. TransCanada first filed for the presidential permit (required because of the international aspect of the Pipeline) in 2008. The latest permit request includes a pipeline route that avoids the environmentally sensitive Sand Hills Region in Nebraska, which was a source of criticism of the previous application. Continue reading “The Keystone XL Pipeline Passes The President’s Red-Line On Climate”
BSW Environmental Blog 