Monthly Archives: June 2014

What Does Regulation of Greenhouse Gas Emissions as Described by EPA in the “Tailoring Rule” have to do with the Clean Air Act?

UARG v. EPA (Tailoring Rule Litigation) On June 23, 2014 Justice Scalia delivered the opinion of the U.S. Supreme Court on the question of whether EPA motor vehicle greenhouse gas regulations necessarily automatically triggers permitting requirements under the CAA for stationary sources that emit greenhouse gases. The statements in the opinion concerning EPA’s assertions of… Read More »

City of Huntington Creates Water Quality Board Combining Wastewater, Stormwater and Flood Wall Operations

Historically, the City of Huntington, West Virginia operated three municipal services related to management of the water quality and quantity in and around City proper under separately established municipal corporate organizations: 1) the Huntington Flood Wall Division, 2) the Huntington Storm Water Division and 3) the Huntington Sanitary Board. Each of these organizations were established… Read More »

EPA Attempts to Expand its Reach and Re-Define Waters of the United States

After substantial time and review, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers proposed its long-anticipated rule-making establishing a new regulatory definition of the term “waters of the United States.” This definition, if adopted, would in many ways re-define the limits of federal jurisdiction over surface waters found… Read More »

New York Court of Appeals Considers Fracking Bans

In August 2011, the Town of Dryden, New York amended its zoning ordinance to ban all activities related to the exploration, production or storage of natural gas and petroleum. Petitioner Norse Energy’s predecessor in interest, Anschutz Exploration Corporation, owning leases covering approximately 22,200 acres of land in the Town of Dryden, initiated an action seeking… Read More »

Lawsuit May Provide Clarity on PA Environmental Rights Amendment

On May 9, 2014, the Pennsylvania Environmental Defense Foundation (PEDF) filed a petition in the Commonwealth Court of Pennsylvania seeking to enjoin Governor Corbett from proceeding by executive order to enable energy companies to conduct horizontal drilling on private lands adjacent to State parks and forest lands.  The PEDF filed the petition in a pending… Read More »

Two Texas Juries Award Damages to Homeowners in Fracking Cases

On May 23, 2014, a Texas jury awarded a Tarrant County couple $20,000 in damages after finding that natural gas drilling activities near their property constituted a temporary private nuisance.  The case, Crowder et al. v. Chesapeake Operating, Inc., was initially filed in November 2011 and claimed that the fumes, noise, dust, and truck traffic… Read More »

The D.C. Circuit Court Rejects EPA Guidance on Source Aggregation

The D.C. Circuit Court of Appeals ruled upon a petition filed by an industry coalition which objected to the manner in which USEPA intended to implement the 6th Circuit Court of Appeals ruling in Summit Petroleum Corp. v. EPA in 2012 which found the agency’s policy regarding whether multiple sources of air emissions should be… Read More »

Changes Proposed to Endangered Species Act

The Obama Administration and the House Natural Resources Committee have each proposed changes to the Endangered Species Act (ESA).  The changes proposed by the House Natural Resources Committee focus on giving additional transparency to the process of listing decisions by making the data used by the agencies publicly available.  Additionally the House Natural Resources Committee’s… Read More »