Energy and Environment MonitorEnergyThe Green New Deal Meets PhysicsApril 11, 2019 A new report by the Manhattan Institute explains that while greater efficiencies can be gained by electric generators using solar or wind energy, technology will soon bump up against hard stops in those efforts. See The “New Energy Economy”: An Exercise in Magical Thinking (March 26, 2019). https://www.manhattan-institute.org/energy-environment For example, the so-called Betz limit will prevent… House Delegates Introduce Environmental Constitutional AmendmentFebruary 13, 2019 On February 11, 2019, 32 Democratic Delegates cosponsored House Joint Resolution 25, dubbed the “Environmental Rights Amendment.” The resolution proposes to amend the West Virginia constitution’s Bill of Rights by including a provision specifying that a clean environment is a constitutional right:
ARTICLE III. BILL OF RIGHTS. §23. Natural Resources and the Public Estate. The people have a right to… A Christmas Present for All Who Use the LandJanuary 8, 2019 The Environmental Protection Agency and Corps of Engineers delivered their long-awaited definition of “waters of the United States” (WOTUS) on December 11. The pre-publication version of the rule released on that day marks the beginning of the end of one the most contentious issues in the history of American environmental law. The new definition will “encompass relatively permanent flowing and… U.S. Supreme Court Stays Kids' Climate SuitOctober 29, 2018 On October 19, 2018, the United State Supreme Court temporarily stayed a suit filed against the President and various executive agencies brought by 21 minors, an organization known as Earth Guardians, and “future generations” by and through their self-appointed guardian, Dr. James Hansen, who is a well-known climate scientist and climate change activist. See In Re United States of America, et… Federal Court Rules that a West Virginia County Cannot Deny a Request to Re-Zone Property to Allow for Construction of a Natural Gas Compressor StationAugust 29, 2018 A federal district court in West Virginia ruled on Wednesday that Fayette County’s zoning code is preempted by the Natural Gas Act as it applies to Mountain Valley Pipeline’s FERC-approved activities in connection with a compressor station to be constructed in that county. See Mountain Valley Pipeline, LLC v. Wender, et al., No. 2:17-cv-4377 (S.D.W.Va. Aug. 29, 2018), ECF No. 34. MVP obtained a… "Strangled by Process"August 15, 2018 The U.S. Court of Appeals for the Fourth Circuit decided a case involving the Mineral Leasing Act of 1920 (MLA), an event sufficiently unusual that it merited a reading of the case. The MLA is the federal statute that governs the leasing of federal minerals, normally coal and oil and gas, on the public lands that the Bureau of Land Management (BLM) administers, primarily in the Western U.S. The… EPA Offices at Odds Over Response to FERC Greenhouse Gas InquiryAugust 7, 2018 In December of 2017, FERC announced that it would review its policies on certification of natural gas pipeline projects. In particular, it announced that it would review its 1999 Policy Statement on Certification of New Interstate Natural Gas Pipeline Facilities (available at https://www.ferc.gov/legal/maj-ord-reg/policy-statements.asp). Then, on April 19, 2018, FERC initiated a “notice of… EPA Offices at Odds Over Response to FERC Greenhouse Gas InquiryAugust 7, 2018 In December of 2017, FERC announced that it would review its policies on certification of natural gas pipeline projects. In particular, it announced that it would review its 1999 Policy Statement on Certification of New Interstate Natural Gas Pipeline Facilities (available at https://www.ferc.gov/legal/maj-ord-reg/policy-statements.asp). Then, on April 19, 2018, FERC initiated a “notice of… EPA's SCIENTIFIC TRANSPARENCY RULEAugust 6, 2018 Can’t We All Agree That Some Part of This is Good? In April 2918, the U.S. Environmental Protection Agency (EPA) unveiled its proposed rule on "Strengthening Transparency in Regulatory Science." As proposed, the rule would limit EPA’s ability to write regulations based upon data that is not made available to the public. Hearings on the proposed rule were held on July 27, 2018. Feelings were… Federal Courts on both Coasts Reject Cities' Efforts to Hold Oil Industry Responsible for Damages Caused by Climate ChangeJuly 26, 2018 "The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case." Judge William Alsup Last week, on July 19, 2018, the U.S. District Court for the Southern District of New York (Judge John F. Keenan) dismissed the City of New York’s action against BP, Chevron, Conoco-Phillips, Exxon Mobile and Royal Dutch Shell seeking to recover… Oil & Gas Development Wins Significant Case in Third CircuitJuly 10, 2018 The U.S. Court of Appeals for the Third Circuit has just given oil and gas development in northeastern Pennsylvania a new boost with a decision issued on July 3. It reversed a district court’s decision that the Delaware River Basin Commission may bar oil and gas drilling and the associated hydraulic fracturing within the Delaware River watershed under the guise of regulating a “project” that may… EPA Proposes to Surrender Clean Water Act Veto AuthorityJune 28, 2018 EPA Administrator Scott Pruitt announced on June 26 that the agency will revise its regulations to limit EPA’s use of the §404(c) veto. This is the section of the Clean Water Act (CWA) that authorizes EPA to rescind dredge and fill permits issued by the Army Corps of Engineers. Although infrequently utilized since §404(c) was adopted in 1972, its use in January 2011 effectively curtailed the… |
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