Environmental & Regulatory

image of drill in a field
Babst Calland’s environmental attorneys understand the complex and overlapping federal and state laws and regulations that apply to the natural gas and coal mining industry. Many of our attorneys have more than two decades of experience in defending energy clients against agency enforcement actions and advising them as to how to secure necessary permits and approvals.

Shale gas development, including the Marcellus and Utica Shale plays, presents unparalleled economic opportunities, but it also presents unique environmental challenges. We have assisted our E&P and midstream clients with new regulatory requirements associated with:

  • Water management plans;
  • Impoundments for fresh water and flowback storage;
  • Single source determinations (aggregation) and air permitting under the Clean Air Act;
  • Water loss claims;
  • Siting UIC disposal wells;
  • Stream crossings and wetland disturbance permits;
  • Transportation and disposal of produced water; and
  • Pipeline safety.

The Appalachian coal mining industry has been the foundation of industrial development across the region for over a century. However, the industry is facing tough new federal and state environmental permitting and compliance policies that impose significant risks and expenses to mining operations. Operators often seek our assistance in order to respond to the following regulatory challenges:

  • New NPDES water quality based effluent limits
  • AMD Treatment Trusts
  • § 308 CWA information requests
  • Citizen Suits
  • GHG Reporting
  • Stream redesignations
  • MSHA citations
  • Beneficial use of coal combustion residuals

Members of our Energy and Natural Resources Group are active in prominent trade associations, including the Marcellus Shale Coalition, the Pennsylvania Coal Alliance, as well as oil and gas associations in Pennsylvania, West Virginia and Ohio. We frequently speak at industry-related functions, and regularly represent clients before federal and state agencies, including the Pennsylvania Department of Environmental Protection, the West Virginia Department of Environmental Protection, the Ohio Environmental Protection Agency and the Ohio Department of Natural Resources. We also participate in agency advisory committees in order to gain a greater understanding of emerging issues likely to impact the energy industry.

“Our clients rely on our experience and trusted counsel in understanding the legal, regulatory and operational challenges facing the industry. We help clients maintain regulatory compliance, and when necessary, resolve issues through effective negotiation and advocacy in administrative tribunals and the courts.”

– Kevin J. Garber

See all attorneys in this practice:
Shale Energy Law Blog
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PHMSA Releases Emergency Order Interim Final Rule
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