Monthly Archives: August 2015

PA DEP’s Latest Revisions to Chapter 78a for Unconventional Wells – the Good, the Bad and the Ugly

The Pennsylvania Department of Environmental Protection’s long, drawn out effort to promulgate new rules for oil and gas activities took another turn on August 12, 2015. On a DEP webinar on that day, the DEP announced several significant changes to its latest edition of proposed rules for regulating the environmental issues associated with unconventional well… Read More »

Federal District Court sets aside 30-Year Eagle Take Permit

On August 11, 2015, a United States District Court judge halted a years-long effort by the United States Fish & Wildlife Service (“FWS”) to smooth the federal permitting path for wind energy. Shearwater et al. v. Ashe, No. 14-CV-02830-LHK (N. D. Cal.)(August 11, 2015). Specifically, the judge set aside a rule allowing for activities such… Read More »

Ohio Secretary of State Determines That Local Ballot Initiatives Against Oil and Gas Development and Exploration-Related Waste Disposal Will Not Be on Ballot; Citizens’ Groups Appeal

Ohio’s Secretary of State, Jon Husted, has ruled against three ballot proposals which sought to create county-wide bans on certain oil and gas related activities. As a result of Husted’s ruling, the ballot proposals, from Athens, Fulton, and Medina counties, will not appear on the November ballot. The proposals sought voter approval to amend county… Read More »

Clean Water Act – Jurisdictional Decisions Are Now in Murky Water

In the wake of the revised definition of “waters of the United States” under the Clean Water Act, the question of jurisdiction has transformed from a boring exercise of intellectual curiosity into an all-out brawl between the United States Circuits.  Before the expected battle over the revised definition itself has even begun in earnest, one… Read More »

EPA Releases Clean Power Plan

On August 3, 2015, President Obama and EPA Administrator McCarthy released the agency’s Clean Power Plan, regulations designed to significantly reduce CO2 emissions from power plants, as well as promoting low-emitting power sources and energy efficiency. These sweeping new rules may revolutionize the nation’s power generation system, and will be challenged vigorously in federal court.… Read More »