Energy and Environment MonitorEnergyEPA Withdraws 2016 Information Request on Methane Emissions from the Oil and Gas IndustryMarch 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… Outgoing FERC Commissioner Urges Commission to Broaden Analysis of Need for and Effect of Pipelines: Effect May Be to Increase Direct Action by Pipeline OpponentsFebruary 8, 2017 Norman Bay’s tenure as Chairman and a member of the Federal Energy Regulatory Commission ended with his resignation effective February 3. He resigned after President Trump appointed another member of FERC to serve as chairman. The resignation leaves the Commission, which is authorized to have 5 members, with only 2 members; one short of a quorum. In one of Bays’ last acts, he voted with the other… How the Congressional Review Act (CRA) Allows Congress to Undo Executive Branch RegulationsJanuary 26, 2017 The Congressional Review Act (“CRA”) allows Congress to disapprove so-called “midnight” rules of an outgoing administration. But, disapprovals require congressional approvals and are subject to presidential vetoes—making them of limited utility where a rule was issued by an agency of a current president. Thus, while Congress voted to disapprove several rules under the Obama administration,… Monkey Wrenches on the Way: Anti-Pipeline Group from the Midwest Wants in on the Appalachian ActionJanuary 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… Federal Judge Tells EPA It’s Time to Obey the LawJanuary 13, 2017 As we have previously reported, Murray Energy is pursuing an action against EPA in federal court in in the Northern District of West Virginia arguing that EPA failed to discharge an obligation under Section 321(a) of the Clean Air Act to evaluate the job impacts of its Clean Air Act rules. After rejecting numerous attempts by EPA to limit discovery, the district court (Judge Bailey) granted… EPA FUMBLES FRACKING STUDYDecember 21, 2016 In 2015, EPA released a draft study finding that hydraulic fracturing is not having “widespread, systemic impacts on drinking water.” This conclusion – reached in the apparent absence of widespread, systemic impacts – seemed eminently sound, if not obvious. But an uproar ensued. Two of the Obama Administration’s staunchest allies – the green lobby and trial lawyers – opposed the draft report’s… AFTER THE ELECTION: WHAT COAL NEEDS MOSTNovember 28, 2016 My colleagues and I have the privilege of working with coal operators every day in the places where coal is mined in this country. From coal basins in Appalachia to Illinois to the Powder River Basin, we have had the pleasure of helping those who mine the coal that powers our homes and makes our steel. In recent years, the challenges have been numerous, to put it mildly. Undoubtedly, many of those… Little Known Agency Assumes New Enforcement PowersOctober 19, 2016 A little known federal agency in charge of pipeline safety has just issued a new regulation that represents a major change in its enforcement authority over regulated pipelines. The Pipeline and Hazardous Materials Safety Administration (PHMSA), an independent agency within the U.S. Department of Transportation, has announced an “Interim Final Rule” (IFR) on its website which will authorize it… ExxonMobil Sued by Climate Activists for Failure to Account for Climate Risks to Oil Storage Facility in MassachusettsOctober 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 AnalysesAugust 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’s Science Advisory Board Critiques EPA Assessment of Hydrofracking Impacts on Water ResourcesAugust 17, 2016 In 2009, Congress asked EPA to examine the relationship between hydraulic fracturing and drinking water resources. In June 2015, EPA released for external review a draft report entitled “Assessment of the Potential Impacts for Oil and Gas on Drinking Water Resources.” The Executive Summary observed that the Assessment “synthesizes available scientific literature and data to assess the… Oral Arguments in Clean Power Plan Challenge Moved to SeptemberMay 18, 2016 Challenges to EPA’s Clean Power Plan are pending in the Circuit Court for the District of Columbia. Oral argument on those challenges had been scheduled for June 2, 2016. On May 16, though, on its own motion, the D.C. Circuit moved the oral argument date from June until September 27. In addition, the case will no longer be heard before the original three-judge panel assigned to it, but… |
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