Monthly Archives: May 2015

USFWS Species Listing An Internal Process

On May 26, 2015 the D.C. Circuit Court of Appeals delivered an opinion in National Association of Home Builders v. USFWS, No. 14-5121 (D.C. Cir. May 26, 2015) that attempted to revisit the strict deadlines for the USFWS to submit either a warranted or not-warranted finding for numerous candidate species. Click here.  The district court… Read More »

Waters of the United States – D.C. Circuit May 15, 2015 Home Builders II Opinion

Persistence is a good trait in the arena of appellate advocacy, but sometimes it is difficult to know when to keep pushing or when to stop.  It may be that a signal was sent in the concurrence written by Senior Circuit Judge Silberman, with whom Senior Circuit Judge Sentelle joined, to keep pushing.  Judge Silberman… Read More »

AP-42 Emission Factor Changes for Refinery Processes (including all industrial flares)

On April 20, 2015 the U.S. EPA issued new and revised emission factors for refinery processes (including all industrial flares). In addition U.S. EPA determined that no revisions were necessary for tank and wastewater treatment system emission factors. [80 FR 26925] The changes were the result of a consent decree with Air Alliance Houston, Community… Read More »

EPA Proposes Zero Discharge Rule for Hydraulic Fracturing Wastewater

On April 7, 2015, the United States Environmental Protection Agency (EPA) issued proposed regulations which would create pretreatment standards of performance for existing and new sources of wastewater from hydraulic fracturing operations. EPA is proposing to establish a “zero discharge” effluent limitation which would continue the current industry practice of not discharging wastewater from unconventional… Read More »

Ohio EPA Seeks Additional Information When Permitting Gas Dehydration Facilities

Ohio EPA’s Division of Air Pollution Control has issued a new guidance document directed at applicants for air permits associated with dehydration facilities (primarily midstream companies and natural gas compressors). The guidance notes that Ohio EPA has recently received applications for dehydration facilities that did not contain sufficient information for the agency to process the… Read More »

USEPA Presses Forward with EGL for Oil and Gas Industry

The United States Environmental Protection Agency continues to move forward with a proposed rule which would require oil and natural gas producers to pretreat the wastewater from their unconventional oil and gas extraction operations, including hydraulic fracturing, before it would be allowed to go to a publicly owned wastewater treatment facility for final treatment and… Read More »