Energy and Environment MonitorEnvironmental RegulationAQB to Decide WVONGA Challenge to General PermitMarch 31, 2016 The West Virginia Department of Environmental Protection’s (“WVDEP”) Division of Air Quality (“DAQ”) recently issued two General Permits regulating air pollution in the oil and gas industry, both of which have been challenged by the West Virginia Oil and Natural Gas Association (“WVONGA”) as exceeding the Agency’s authority. During the public comment process, DAQ dismissed complaints about… AQB to Decide WVONGA Challenge to General PermitMarch 31, 2016 The West Virginia Department of Environmental Protection’s (“WVDEP”) Division of Air Quality (“DAQ”) recently issued two General Permits regulating air pollution in the oil and gas industry, both of which have been challenged by the West Virginia Oil and Natural Gas Association (“WVONGA”) as exceeding the Agency’s authority. During the public comment process, DAQ dismissed complaints about… EPA Proposes to Expand its Accidental Release and Risk Management Program Rules under Section 112(r) of the Clean Air ActMarch 10, 2016 EPA has released a pre-publication copy of a proposed rule to expand its risk management program under § 112(r)(7) of the Clean Air Act. EPA has long maintained a risk management program (“RMP”) under § 112(r) of the Clean Air Act for “stationary sources” that hold “regulated substances” in excess of threshold quantities. See 40 C.F.R. Part 68. These facilities have been… States and Developers File Amicus Briefs Supporting Review of Jurisdictional Determinations by Corps of EngineersMarch 7, 2016 Two groups of states, one led by West Virginia and one by North Dakota, have filed amicus briefs in the U.S. Supreme Court supporting landowners claiming a right to challenge jurisdictional determinations by the Corps of Engineers. Likewise, amicus briefs were submitted by the National Association of Homebuilders and the American Farm Bureau Federation. Historically, developers and… Fish & Wildlife Service Imposes New Habitat CriteriaFebruary 25, 2016 New criteria and policy was announced on February 11 by the U.S. Fish & Wildlife Service (“F&WS”) for designating “critical habitat” under the Endangered Species Act. The agency announced two changes in its regulations (81 Fed. Reg. 7214-7226; 81 Fed, Reg. 7414-7440) and adopted one new policy (81 Fed. Reg. 7226-7248). Collectively, these changes will provide the agency considerably… Federal Court In WV Voids Severance Deed Waiver Because Longwall Mining Not Contemplated In 1902February 18, 2016 Surface owners have the right of “subjacent support”—to have their surface left intact—unless that right has been waived. In West Virginia, the right of support can be waived expressly (by saying that mineral owner has no obligation to support the surface and no liability for failing to support it) or by necessary implication (by granting all of the coal and right to remove all of the… District court judge denies request for interlocutory appeal in Coal Ash Pollution SuitFebruary 16, 2016 On January 29, 2016, The United State District Court for the Middle District of North Carolina denied Duke Energy Carolinas, LLC’s (“Duke”) interlocutory appeal of its order denying Duke’s motion to dismiss a Clean Water Act (“CWA”) citizen suit. Duke argued that, before the law suit proceeded further, the Fourth Circuit should weigh in on two issues regarding claims of unpermitted discharges… District court judge denies request for interlocutory appeal in Coal Ash Pollution SuitFebruary 16, 2016 On January 29, 2016, The United State District Court for the Middle District of North Carolina denied Duke Energy Carolinas, LLC’s (“Duke”) interlocutory appeal of its order denying Duke’s motion to dismiss a Clean Water Act (“CWA”) citizen suit. here. Duke argued that, before the law suit proceeded further, the Fourth Circuit should weigh in on two issues regarding claims of unpermitted… U.S. Supreme Court Stays Clean Power Plan Rule for Existing Coal PlantsFebruary 10, 2016 The Obama Administration finalized the “Clean Power Plan” rule for existing coal-fired electric generating plants on October 23, 2015. 80 FR 64662 (Oct. 23, 2015). The rule creates a CO2 budget for states that cannot be met by existing coal-fired units. Instead, the rule depends on widespread “trading” by which states can meet their budgets only if coal-fired units are not… WV Surface Mine Board Holds WVDEP Cannot Charge Surface Mine Permit Transfer Fees for Upstream Changes in Ownership and Control: Justice Companies Not Responsible for Fee in Stock AcquisitionJanuary 19, 2016 In 2010 or 2011, the Legislature amended the West Virginia Surface Coal Mining and Reclamation Act to impose a $1,500 fee for the transfer or assignment of permits by adding the highlighted language: d) No transfer, assignment or sale of the rights granted under any permit issued pursuant to this article may be made without the prior written approval of the secretary, application for which… Fayette County, WV Ordinance Banning Oil & Gas Waste Disposal Met with Preemptive Challenge By Gas IndustryJanuary 19, 2016 Fayette County, West Virginia is home to the New River Gorge. It is also home to the newest local ordinance affecting the oil and gas industry. On January 12, 2016, the County adopted an “Ordinance Banning the Storage, Disposal or Use of Oil and Natural Gas Waste in Fayette County, West Virginia.” Just days later, EQT Production Company sued the County Commissioners in federal court… Fish and Wildlife Adopts Final Rule to Protect the Northern Long-Eared BatJanuary 19, 2016 As readers of our blog may recall, we have written numerous articles about the U.S. Fish & Wildlife Services’ handwringing for at least two years over the Northern Long-Eared Bat (NLE Bat) (see Here and Here). I use the pejorative purposefully. The NLE Bat has a natural range that covers 37 states from the Atlantic Coat to the Great Plains and half of Canada. It is afflicted, like other bat… |
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