Author Archives: David Flannery

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 »

Petition to Expand the Expansion of Ozone Transport Region

Relying in major part on air quality modeling data published in 2005, some, but not all, member states of the Northeast Ozone Transport Region have filed a petition with USEPA seeking to have 9 midwest and southern states included as part of the region.  While the petition invokes Section 176A of the Clean Air Act… Read More »

Steptoe & Johnson 2014 Energy Leadership Summit

You read this blog because you know that it’s critical to keep up with emerging issues in environmental and energy law.  If you’re interested in a deeper discussion on the key issues in the energy industry, consider joining us for the Steptoe & Johnson 2014 Energy Leadership Summit.  Three of our regular blog contributors, Kathy… Read More »

3rd Circuit Considers Preemption of Tort Law By The Clean Air Act

On August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit in Bell et al. v. Cheswick Generating Station, GenOn Power Midwest, L.P.  Case: 12-4216 answered a question of first impression: “whether the Clean Air Act preempts state law tort claims brought by private property owners against a source of pollution located within… Read More »

EPA Drops the First Shoe in the President’s Climate Action Plan

On September 20, 2013, USEPA proposed the establishment of the new source performance standard (NSPS) on fossil fired power plants pursuant to Section 111(b) of the federal Clean Air Act.  In doing so, USEPA announced that it was withdrawing its April 2013 proposal which received more comments than any other rulemaking in the agency’s history.… Read More »