Energy and Environment Monitor

Fourth Circuit Refuses to Order EPA to Conduct Coal Jobs Analysis: When “Shall” Means “Eh, Maybe”

June 30, 2017

Several years ago, Murray Energy sued EPA in the Northern District of West Virginia under § 304(a)(2) of the Clean Air Act, which authorizes actions against EPA when it fails to perform an act or duty “which is not discretionary.” Murray sought to enjoin further rulemaking by EPA and the implementation of the Clean Power Plan until EPA explored the impacts of its Clean Air Act programs…

EPA Withdraws 2016 Information Request on Methane Emissions from the Oil and Gas Industry

March 16, 2017

On November 10, 2016, EPA issued Information Collection Request requiring oil and natural gas companies to provide extensive information that EPA desired to develop regulations for reducing methane emissions from existing oil and gas sources.

The information request was sent to more than 15,000 owners and operators in the oil and gas industry. The request was comprised of two parts:  An…

Monkey Wrenches on the Way: Anti-Pipeline Group from the Midwest Wants in on the Appalachian Action

January 26, 2017

According to a recent publication by Inside Climate News, a group claiming to have played  a pivotal role in the efforts to block the Keystone XL Pipeline, is here to help wage war against the Atlantic Coast and Mountain Valley Pipelines. A group known as Bold Alliance bills itself as a network of “small and mighty” groups in rural states (Nebraska, Iowa, Louisiana and Oklahoma), which…

ExxonMobil Sued by Climate Activists for Failure to Account for Climate Risks to Oil Storage Facility in Massachusetts

October 4, 2016

The Conservation Law Foundation has sued Exxon in Massachusetts for failing to acknowledge and respond to climate-based risks posed to the environment by its petroleum terminal in Everett, Massachusetts. The Complaint claims the terminal lies below the level of a storm surge that occurred in 1978 and if FEMA were to update flood hazard maps through the area, then the terminal would likely fall…

Sierra Club Expands War on Gas in Challenge to Air Permit for Gas Plant: Claims Emissions from Gas Supply Pipeline and Associated Compression Should be Included in Analyses

August 23, 2016

The Sierra Club and its acolytes have openly derided those who advocate using gas as a “bridge fuel.” Now, the group seeks to slow the construction of both a new gas-fired power plant in Virginia and the Atlantic Coast Pipeline slated to provide fuel to the Plant.  The Appalachian Mountain Advocates (“Appalmad”), who serve frequently as counsel to the Sierra Club, have bragged…

EPA Proposes Two Options for Aggregating Air Emissions in Oil & Gas Industry

October 19, 2015

The Clean Air Act requires Title V operating permits for new and modified “major sources” and enhanced permit review (New Source Review or Prevention of Significant Deterioration (“PSD”) Review) for “major stationary sources” of air pollutants. EPA’s regulations define a “stationary source” as “any building, structure, facility, or installation…

EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy

June 17, 2015

We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia.  There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. 

Recently, the District…