Energy and Environment MonitorEnvironmental RegulationEPA Proposes Two Options for Aggregating Air Emissions in Oil & Gas IndustryOctober 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… A “Whirlwind of Confusion”: Sixth Circuit Imposes Nationwide Stay of EPA’s New Clean Water RuleOctober 15, 2015 The United States Court of Appeals for the Sixth Circuit recently imposed a nationwide stay of the EPA’s controversial new “Clean Water Rule.” States and industry alike have viewed the Rule, effective on August 28, 2015, as an impermissible expansion of Clean Water Act jurisdiction. The Act governs discharges into “navigable waters,” vaguely defined by Congress to mean “waters of… EPA Proposes New Rule Governing The Disposal Of Hazardous Waste Pharmaceuticals At Healthcare FacilitiesSeptember 29, 2015 Introduction On September 25, 2015, the United States Environmental Protection Agency (“EPA”) proposed a rule to address the management and disposal of hazardous waste pharmaceuticals at healthcare facilities. The proposed rule seeks to do the following:
Links in the Chain: The Evidential Significance of a Discharge Monitoring ReportAugust 31, 2015 A recent decision of the Eight Circuit Court of Appeals provides a useful reminder about the importance of the Discharge Monitoring Reports (DMR). The message is simple: you are bound by what the report states, and disavowal in a civil penalty action is nearly impossible. A DMR is filed by every person who holds an NPDES permit for the discharge of a pollutant from a point source. A discharge that… Links in the Chain: The Evidential Significance of a Discharge Monitoring ReportAugust 31, 2015 A recent decision of the Eight Circuit Court of Appeals provides a useful reminder about the importance of the Discharge Monitoring Reports (DMR). The message is simple: you are bound by what the report states, and disavowal in a civil penalty action is nearly impossible. A DMR is filed by every person who holds an NPDES permit for the discharge of a pollutant from a point source. A discharge… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy-UPDATE: EPA Needs More Time to Locate and Review DocumentsJuly 27, 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… Sierra Club Moves Efforts to Rescind WV and KY State NPDES Programs to Fourth and Sixth CircuitsJuly 22, 2015 The Sierra Club and its local partners previously petitioned EPA to withdraw its approval of the NPDES programs in at least Kentucky, Virginia and West Virginia, largely over alleged deficiencies by the state agencies in handling coal-related permits. Earlier this year, when EPA did not formally respond to the petitions, the Sierra Club sued EPA in federal courts in Kentucky and West Virginia. In… OSM Releases Proposed Stream Protection RuleJuly 20, 2015 OSM has released its newly re-proposed Stream Protection Rule and accompanying Draft Environmental Impact Statement and Regulatory Impact Assessment. Links to the documents may be found here. Once published in the federal register, the public will have 60 days to comment. The predecessor to this rule, the “Stream Buffer Zone” rule, was issued in 1983. In 1999, a federal judge in West… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy: UPDATE 4th Circuit Denies Relief to EPAJuly 10, 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… EPA’s Mercury and Air Toxics Standards (MATS) in Limbo After Supreme Court DecisionJune 30, 2015 On Monday, in an opinion written by Justice Antonin Scalia, the U.S. Supreme Court ruled that the Environmental Protection Agency “strayed far beyond [the] bounds” of reasonableness by not considering costs in its decision to regulate emissions of hazardous air pollutants from fossil fuel-fired power plants. The case, Michigan vs. EPA, was decided 5-4, with Justices Scalia, Roberts, Kennedy,… Mingo Logan Appeals Adverse District Court Decision on § 404 Permit “Veto” - AgainJune 18, 2015 Mingo Logan Coal Company obtained a Clean Water Act § 404 permit from the Corps of Engineers in January 2007. The permit authorized fills associated with the Spruce Mine in Logan County, West Virginia. In January 2011, USEPA exercised its authority under CWA § 404(c) and “vetoed” the permit. Mingo Logan challenged the veto in the D.C. District Court, claiming both… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray EnergyJune 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… |
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