Category Archives: General

Title: 47 CSR 63 – Aboveground Storage Tanks Emergency Rule

On December 22, 2014 the WV DEP filed the proposed WV Aboveground Storage Tank Act – Emergency Rule with the WV Secretary of State office. A copy of the draft rule is available at This draft built upon the rough draft of the rule informally release in September 2014. There are a number of… Read More »

Utah District Court Strikes Down Regulation of Species Under the Endangered Species Act

U.S. District Judge Dee Benson issued a significant ruling in the District of Utah finding that prohibiting the take of Utah prairie dogs on private lands is unconstitutional under the Commerce Clause.  The case is People for the Ethical Treatment of Property Owners v. USFWS, 13-278-DBD, D. Utah and the decision can be found here… Read More »

PA Chapter 78 Rulemaking Revisions – A Break for Conventional Operations

The Pennsylvania Department of Environmental Protection’s efforts to develop new environmental performance standards for unconventional shale gas operations, pursuant to mandates in PA Act 13, contained some collateral impacts for conventional operators in the Commonwealth. As the result of some recent legislative action, some relief is being proposed for these conventional operators. 

Does New Ohio EPA Policy Means Less Familiarity With Sources? Agency to rotate inspectors and permit writers every 5 years

Craig Butler, the Director of Ohio EPA, recently announced a new initiative by which agency staff will rotate throughout the various districts and divisions of the agency starting this fall. The letter, dated September 30, 2014, states that the new rotation policy is intended to help foster consistency among agency offices. “We believe staff rotation… Read More »

EPA Establishes New Guidelines for Use of Diesel Fuels for Oil and Gas Hydraulic Fracturing

On February 5, 2014, The United States Environmental Protection Agency issued a Memorandum from the Office of Ground Water and Drinking Water implementing a “technical guidance” governing the use of diesel fuels by oil and gas industry in fracturing operations.   Generally, all oil and gas development is exempt from UIC permitting under the Safe Water … Read More »

Governor Proposes West Virginia Source Water Protection Act

On Monday, January 20, Governor Tomblin (D-WV) filed legislation in response to last week’s chemical spill, which contaminated drinking water in Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane counties. This proactive legislation, if enrolled, will become the West Virginia Source Water Protection Act (SWPA or Act). This legislation is designed to regulate… Read More »

Public Comment Period on Proposed Listing of Northern Long-Eared Bat Extended

In 2011, the Department of Interior entered into a settlement with the Center for Biological Diversity and WildEarth Guardians that covered 779 species in 85 lawsuits and legal actions.  The settlement required the U.S. Fish and Wildlife Service to take action on pending petitions for 757 species over a seven year period.  On October 2,… Read More »

Proposed WVDEP Rule Revisions Will Result in Increase in State Voluntary Remediation Revenues

The West Virginia Department of Environmental Protection (WVDEP) filed legislative rule revisions to 60CSR3, Voluntary Remediation and Redevelopment Rule, with the legislative rule-making review committee on July 26, 2013.  These proposed rules went through public hearing and comment period.  The revisions amend the cost recovery provisions for WVDEP oversight of voluntary remediation program projects and… Read More »