Author Archives: Robert D. Pollitt

Obama’s EPA holds the Ultimate Weapon in the Continuing War on Coal: Post Permit Authority to Revoke an Issued 404 Permit

The United States Supreme Court in an order denying certiorari effectively affirmed the EPA’s authority to exercise its “Veto” power to revoke or modify an issued permit. The U.S. Supreme Court in Mingo Logan Coal v. EPA Appeal No. 13-599 today denied the appeal filed by Mingo-Logan Coal Company (a subsidiary of Arch Coal Company). … 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 »

EPA Creates Confusion By Promulgating New Standard for CERCLA “Appropriate Inquiry”

On December 30, 2013, the U.S. Environmental Protection Agency issued a final Rule amending the standard and practices for “All Appropriate Inquires under CERCLA”.  At the same time, the EPA allowed the current rules to remain in place.  The EPA rules adopt the standards established by ASTM, the first proposed in 2005, aka, ASTM-1327-05, the second… Read More »

Court Orders Disclosure of All Chemicals Used since 2009 at Gas Company Drilling Site

A judge in a matter before the Court of Common Pleas in Washington County, Pennsylvania entered an order on November 5, 2013, directing Range Resources Inc., and approximately 40 of its subcontractors and suppliers to provide a list of every chemical or other substance used at the company’s site near Amwell Township since 2009.  The… Read More »

US Fish & Wildlife Service proposes “Endangered Status” for Northern Long Eared Bat and seeks comments regarding possible designation of the species’ “critical habitat”

On October 2, 2013, the United States Department of Interior (U.S. Fish and Wildlife Service) published its proposal to list the “northern long-eared bat” as an endangered species throughout its entire range.  The Agency noted that it did not have sufficient information to determine whether it would designate any areas within the bat’s range as… Read More »