Energy and Environment Monitor

COLORADO COURT’S SELECTIVE USE OF STATUTORY CONSTRUCTION PRINCIPLES TILTS OIL AND GAS DEVELOPMENT CASE IN YOUTH ENVIRONMENTALISTS’ FAVOR

April 4, 2017

On March 23, 2017, the Colorado Court of Appeals issued a decision that has the potential to make future oil and gas development in the State very difficult, if not impossible. See Martinez v. Colorado Oil & Gas Conservation Comm., No. 16-CA-0564, Opinion. In what is becoming something of a trend of activist groups bringing legal actions purportedly on behalf of minors (see also …

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…

OSM Announces Increase in Civil Penalties – But Not Where It Will Matter

February 13, 2017

Bad news: OSM announced an increase in the amount of civil penalties it will impose for two categories of violations. The first is a daily penalty for continuing violations which remain unabated, and the second for the maximum amount for an individual civil penalty. Good news: the increase will not apply in states which directly regulate mining, meaning most states where coal is actually mined.…

Outgoing FERC Commissioner Urges Commission to Broaden Analysis of Need for and Effect of Pipelines: Effect May Be to Increase Direct Action by Pipeline Opponents

February 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…

Regulating for a Desert

February 7, 2017

        I have written previously (“Deciding Who Will Decide” January 18) about the complicated developments in the litigation over the “waters of the United States” rule (WOTUS) rule promulgated by the Corps of Engineers and EPA in 2015. The Sixth Circuit granted a motion by one of the parties in the case, the National Association of Manufacturers, on January 25 to suspend the…

How the Congressional Review Act (CRA) Allows Congress to Undo Executive Branch Regulations

January 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 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…

Deciding Who Will Decide

January 18, 2017

The controversy over EPA’s definition of “waters of the United States” (WOTUS) took another meander on January 13. United States Supreme Court surprised many by granting a petition for certiorari to decide which court – the federal district or circuit courts – have the authority to adjudicate disputes over a regulation defining a key term of the Clean Water Act (CWA). Ever since EPA and the Corps…

Fish & Wildlife Service and OSM Release Memorandum of Understanding on Endangered Species Act Issues Which Immediately Incorporates Stream Protection Rule

January 13, 2017

In combination with the release of the Stream Protection Rule (“SPR”), previously reported, the Obama administration released a Memorandum of Understanding (MOU) between the U.S. Fish and Wildlife Service (“F&WS”) and the United States Office of Surface Mining (“OSM”) which expands the role of the OSM in delegated state program oversight and the consideration of…

Federal Judge Tells EPA It’s Time to Obey the Law

January 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…

IT’S THE GIVING SEASON: OBAMA ADMINISTRATION LEAVES PARTING GIFTS TO ENERGY AND MANUFACTURING INDUSTRIES

January 4, 2017

Obamanation: 8 Years Later, OSM Finalizes Stream Protection Rule   

The United States Office of Surface Mining (“OSM”) has finalized its “Stream Protection Rule (“SPR”) (12/20/16). This was formerly known as the “buffer zone rule” and dates to the early 1980s. OSM adopted it originally as a means of keeping sediment out of streams. It prohibited land disturbance within 100…

EPA FUMBLES FRACKING STUDY

December 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…