Author Archives: Katerina E. Milenkovski

New Guidance Requires Federal Agencies to Consider GHG Emissions and Climate Change in their NEPA Reviews

The President’s Council on Environmental Quality (“CEQ”) has finalized guidance to assist federal agencies in their consideration of the effects of greenhouse gas (“GHG”) emissions and climate change when evaluating proposed federal actions under the National Environmental Policy Act (“NEPA”). According to the CEQ, the guidance will “facilitate compliance with existing NEPA requirements, thereby improving… Read More »

EPA Finalizes its Zero Discharge Rule for Hydraulic Fracturing Wastewater

EPA has finalized its proposed “zero discharge” rule for the oil and gas industry, with a Federal Register Notice published on Tuesday, June 28, 2016 [81 Fed. Reg. 41845].  The rule aims to protect rivers and drinking water supplies from direct discharges by municipal sewage plants of wastewater resulting from unconventional oil and gas (UOG)… Read More »

Don’t Do It! EPA and the Army Corps Urge the Sixth Circuit Not to Grant Petitions for En Banc Review of the Clean Water Rule

Following the Sixth Circuit’s splintered 1-1-1 ruling that it has jurisdiction to hear challenges to the Clean Water Rule, the states and related petitioners who opposed jurisdiction in the circuit court of appeals filed a petition for rehearing en banc, meaning by the entire Sixth Circuit.   See prior blog post. 

Industry Groups Seek en banc Review of Clean Water Act Ruling

Nineteen trade associations, including the American Petroleum Institute, National Association of Manufacturers, National Mining Association, American Forest & Paper Association, and National Association of Home Builders, have petitioned the Sixth Circuit Court of Appeals to rehear the Clean Water Rule en banc, meaning, with a full panel, as opposed to the three-judge panel that issued… Read More »

Sixth Circuit Decides It Can Hear Clean Water Rule Challenges

The EPA and the Army Corps of Engineers (“Agencies”) narrowly prevailed in their arguments that jurisdiction to review the Clean Water Rule (“Rule”) lies with the Circuit Court of Appeals and not the District Courts. In a 2-1 decision issued on Monday, the Sixth Circuit ruled that while the plain language of the Clean Water… Read More »

Ohio EPA seeks Early Stakeholder Input into Beneficial Use Designations

Ohio EPA’s Division of Surface Water has announced early stakeholder outreach concerning the Water Quality Standards Rules in OAC Chapter 3745-1. The early stakeholder outreach phase is an opportunity to shape the direction of rules before rule language is drafted.  By sharing comments early in the process, affected parties can help shape the process and… Read More »

Sixth Circuit Hears Arguments Over its Jurisdiction to Decide WOTUS Challenge

The United States Circuit Court of Appeals for the Sixth Circuit heard oral arguments on Tuesday, December 8, 2015, on the limited question of whether the court has jurisdiction to hear challenges brought by 31 states and others (“States”) to the Waters of the United States (“WOTUS”) Rule, promulgated earlier this year by the Environmental… Read More »

Does Court of Appeals have Jurisdiction to Review the Clean Water Rule? Sixth Circuit Court of Appeals to Hear Arguments Tomorrow

The United States Court of Appeals for the Sixth Circuit will hear oral arguments tomorrow, December 8, 2015, on the limited issue of whether jurisdiction to review EPA’s Clean Water Rule (“the Rule”) lies exclusively with the courts of appeals, pursuant to Section 509(b)(1) of the Clean Water Act (“CWA”), 33 U.S.C. §1369(b)(1), or whether… Read More »

EPA to Require TRI Reporting from Natural Gas Processing Facilities

EPA has announced that it will begin requiring natural gas processing facilities to file Toxic Release Inventory (TRI) reports, although the announcement did not include a timeline for doing so. The agency had been under pressure by environmental groups to add the entire Oil and Gas Extraction Section, including well sites, compressor stations, pipelines and… Read More »

EPA Floats Proposed New Enforcement Initiatives for 2017 – 2019

On September 15, US EPA proposed its National Enforcement Initiatives (“NEI”) for calendar years 2017 through 2019. US EPA develops a set of NEI every three years, focusing federal resources on industries with noncompliance issues on a regional or national scale, where federal attention can make a difference. EPA’s latest proposal would add several new… Read More »