Category Archives: General

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 »

Migratory Bird Treaty Act Enforcement Questioned

On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit ruled that the Migratory Bird Treaty Act (“MBTA”) only criminalizes acts related to hunting or poaching, not omissions that unintentionally kill birds.  US. V. Citgo Petroleum Corporation, et al., case number No. 14-40128, in the U.S. Court of Appeals for the Fifth… Read More »

Clean Water Rule – Inconsistent Application

The final Clean Water Rule redefining “Waters of the United States” was scheduled to go into effect August 28, 2015.  There have been several suits challenging the rule filed since the rule was finalized.  Among those actions include a consolidate action before the 6th Circuit Court of Appeals in Ohio by Murray Energy Company and… Read More »

WV Division of Air Quality Draft General Air Permit G35-C for Natural Gas Compressor and/or Dehydration Facilities

On August 14, 2015, the West Virginia Division of Air Quality released General Air Permit G35-C for Natural Gas Compressor and/or Dehydration Facilities for comment. The public comment period will end September 14, 2015 at 5:00PM. A copy of the draft permit along with the fact sheet and application forms is available at G35-C… 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 »

What Is On the Mind of the DOJ Environmental and Natural Resources Division?

On July 23, 2015, John Cruden, head of DOJ’s Environment and Natural Resources Division, gave this speech to the American Bar Association Litigation Section on the current direction of federal environmental enforcement efforts. It touches upon issues we are consciously or subconsciously managing.  If you do not have time to read the speech, review the… Read More »

IEA Proposes “Bridging Strategy” to Achieve Global Peak in Energy-Related GHG Emissions By 2020

On June 15, 2015, the International Energy Agency (IEA- an autonomous organization which works to ensure reliable, affordable and clean energy for its 29 member countries and beyond) issued a special report entitled “Energy and Climate Change” which proposes a “bridging strategy” that could deliver a peak in global energy-related emissions by the end of… Read More »

ORSANCO Notice of Public Hearing

The Ohio River Valley Water Sanitation Commission will hold a public hearing on April 14, 2015, in part to solicit comments on changing the prohibition of mixing zones for bioaccumulative chemicals of concern (BCCs), or in the alternative, eliminating it altogether. The hearing will be held at the Holiday Inn Cincinnati Airport, 1717 Airport Exchange… Read More »

Federal Office of Surface Mining Reclamation and Enforcement Plans to Revise Current Blasting Regulations to Prohibit Visible Nitrogen Oxide Clouds

WildEarth Guardians has petitioned the Federal Office of Surface Mining Reclamation and Enforcement (OSM) to revise the current surface mining blasting regulations to prohibit visible nitrogen oxide clouds during aboveground blasting at coal mining operations. The OSM responded to the petition by publishing in the Federal Register on February 20, 2015 that they will initiate… Read More »