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Alert: Obama-Era WOTUS Rule Back In Effect, What Happens Now?
August 22, 2018
Posted By: Lisa M. Bruderly

Late last week, a South Carolina district court reinstated the Obama administration’s 2015 Clean Water Rule (referring to it as “the 2015 WOTUS rule”) in 26 states, including Pennsylvania, Ohio, New York, Maryland, New Jersey and the New England state(…)

Environmental Legal Perspective: The Underground Reach of the Clean Water Act: It’s Not Just for Surface Water
February 7, 2018
Posted By: Robert M. Stonestreet

Since its enactment in 1972, the federal agencies who administer the Clean Water Act (the Act), the Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (the Corps), have taken the position that the definition of “waters(…)

Environmental Alert: U.S. Supreme Court Decision Revives Multiple Federal District Court Lawsuits Challenging the Clean Water Rule
January 26, 2018
Posted By: Lisa M. Bruderly

On January 22, 2018, the U.S. Supreme Court unanimously held that lawsuits challenging the Obama administration’s 2015 Clean Water Rule (Rule) – a landmark revision to the definition of “waters of the United States” (WOTUS) that arguably expanded the(…)

Trump Executive Order Withdraws Obama Administration Actions on Climate Change and Requires Review of Regulations Affecting Energy Sector
April 4, 2017
Posted By: Varun Shekhar

On March 28, 2017, President Donald Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth,” with the stated policy of “promot[ing] clean and safe development” of domestic energy resources and ensuring an affordabl(…)

EPA Withdraws Controversial Methane Information Collection Request
March 3, 2017
Posted By: Meredith Odato Graham

Effective March 2, 2017, the U.S. Environmental Protection Agency (EPA) has withdrawn the information collection request (ICR) entitled, “Information Collection Effort for Oil and Gas Facilities.”  EPA issued the final ICR in November 2016, requiring(…)

EPA Releases Key Methane Reduction Measures and Final Source Aggregation Rule
May 12, 2016
Posted By: Meredith Odato Graham

Today the U.S. Environmental Protection Agency (EPA) announced the availability of several highly-anticipated regulatory measures affecting both existing and new emission sources in the oil and natural gas sector.  EPA has released the pre-publication(…)

Administrative Watch: Environmental Groups File Suit Over Absence of Regulation of Oil & Gas Waste
May 11, 2016
Posted By: Naeha Dixit

On May 4, 2016, seven environmental groups followed through on a prior threat to sue the United States Environmental Protection Agency (EPA) by filing a lawsuit against the EPA in a bid to force the agency to develop tailored rules for the disposal, s(…)

EPA Announces Plan to Regulate Methane from Existing Sources
March 10, 2016
Posted By: Meredith Odato Graham

Today the U.S. Environmental Protection Agency (EPA) announced the next step in its strategy for reducing methane emissions from the oil and natural gas sector: regulating emissions from existing sources.  According to EPA’s fact sheet, the agency wil(…)

EPA Proposes to Revise Greenhouse Gas Reporting Rule to Address Equipment Leaks
February 4, 2016
Posted By: Michael K. Reer

On January 29, 2016, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule that would amend the Greenhouse Gas Reporting Program for the petroleum and natural gas systems source category at 40 CFR Part 98, Su(…)

Federal Court Invalidates Portions of a Local Ordinance, Which Banned the Use of Underground Injection Wells
October 22, 2015
Posted By: Alana E. Fortna

On October 14, 2015, the United States District Court for the Western District of Pennsylvania invalidated several provisions of a Grant Township, Indiana County, Pennsylvania local ordinance that was intended to prevent an oil and gas operator from o(…)

Environmental Groups Plan Suit Over Absence of Regulation of Oil and Gas Waste
October 20, 2015
Posted By: Naeha Dixit

On August 26, 2015, seven environmental groups sent the U.S. Environmental Protection Agency (EPA) a Notice of Intent to Sue the agency in an attempt to force the agency to develop tailored rules for oil and gas wastes under the Resource Conservation(…)

Public Hearings Announced for EPA Air Rules Targeting Oil and Gas Sector
August 27, 2015
Posted By: Meredith Odato Graham

Today the U.S. Environmental Protection Agency (EPA) announced that it will host three public hearings in September regarding proposed Clean Air Act rulemaking actions that will affect the oil and gas industry.  Two hearings will be held in Denver and(…)

EPA Announces Rulemaking Proposal to Curb Methane Emissions from Oil and Gas Sector
August 18, 2015
Posted By: Meredith Odato Graham

Today the U.S. Environmental Protection Agency (EPA) formally announced its highly-anticipated proposal to regulate methane emissions from the oil and natural gas sector.  Specifically, EPA is proposing to amend the New Source Performance Standards (N(…)

EPA Revises Low Pressure Gas Well and Storage Vessel Definitions for NSPS Subpart OOOO
August 12, 2015
Posted By: Meredith Odato Graham

The U.S. Environmental Protection Agency (EPA) is revising important definitions in the New Source Performance Standards (NSPS) rule for the oil and gas sector, NSPS Subpart OOOO, in response to stakeholder petitions.  In a final rule published today,(…)

EPA Inspector General Reports on Hydraulic Fracturing Regulators
July 23, 2015
Posted By: Michael K. Reer

The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) recently released a report entitled, “Enhanced EPA Oversight and Action Can Further Protect Water Resources From the Potential Impacts of Hydraulic Fracturing.”  The repo(…)

Federal Agencies Publish Final Rule to Redefine Waters of the United States
June 29, 2015
Posted By: Meredith Odato Graham

Today the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published in the Federal Register a joint final rulemaking to redefine “waters of the United States” and the scope of the federal agencies’ jurisdiction under the Clea(…)

OMB Begins Review of EPA Proposals to Curb Methane Emissions, Define Major Source
June 25, 2015
Posted By: Meredith Odato Graham

This week the U.S. Environmental Protection Agency (EPA) sent a highly-anticipated proposed rule to the White House Office of Management and Budget (OMB) for interagency review that would address methane emissions in the oil and natural gas sector.  E(…)

EPA Proposes Prohibition on Discharge of Unconventional Wastewater to POTWs
April 7, 2015
Posted By: Abigail Faulkner Jones

Today the U.S. Environmental Protection Agency (EPA) published a proposed rule under the Clean Water Act that would prohibit the discharge of unconventional oil and gas extraction wastewaters to publicly owned treatment works (POTWs).  The rule would(…)

Clean Water Act Jurisdiction Rule Sent to White House for Review
April 7, 2015
Posted By: Meredith Odato Graham

This week the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced that they have submitted to the White House Office of Management and Budget (OMB) a joint final rule aimed at clarifying which water bodies(…)

USEPA Seeks Small Business Input on Greenhouse Gas Rulemaking for Oil and Gas Sector
January 29, 2015
Posted By: Meredith Odato Graham

The U.S. Environmental Protection Agency (EPA) is convening a Small Business Advocacy Review Panel to discuss a rulemaking aimed at regulating greenhouse gas emissions from the oil and natural gas sector, as part of the Obama Administration’s methane(…)

EPA Announces Plan to Reduce Methane, VOC Emissions from Oil and Gas Industry
January 14, 2015
Posted By: Meredith Odato Graham

Today the U.S. Environmental Protection Agency (EPA) released a fact sheet outlining the agency’s strategy for reducing emissions of methane and ground level ozone-forming pollutants from the oil and natural gas sector.  Release of the EPA strategy is(…)

EPA Inspector General Continues Review of Fracking Rules Over Objections from Senate
October 29, 2014
Posted By: Holly A. Pisanelli

The Inspector General (IG) for the U.S. Environmental Protection Agency (EPA), Arthur Elkins, has vowed to continue to evaluate the effectiveness of state and federal regulations of hydraulic fracturing. The IG recently responded by letter to early Oc(…)

USEPA Extends Waters of the United States Comment Deadline
October 7, 2014
Posted By: Meredith Odato Graham

The U.S. Environmental Protection Agency (USEPA) has, for a second time, extended the public comment deadline associated with its proposed rule to redefine “waters of the United States” and related terms for purposes of various federal Clean Water Act(…)

House Votes to Thwart USEPA and Army Corps’ ‘Waters of the United States’ Rulemaking
September 10, 2014
Posted By: Abigail Faulkner Jones

On September 9, the U.S. House of Representatives voted to pass a bill introduced in response to the ‘Waters of the United States’ Proposed Rule that was prepared jointly by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Ag(…)

USEPA Proposes Amendments to Air Rules Affecting Oil and Gas Industry
July 17, 2014
Posted By: Meredith Odato Graham

Today the U.S. Environmental Protection Agency (USEPA) published proposed amendments to federal air regulations at 40 C.F.R. 60, Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution).  Subpart(…)

Public Comment Deadlines Extended for Key USEPA Actions
June 19, 2014
Posted By: Meredith Odato Graham

The U.S. Environmental Protection Agency (USEPA) recently extended the public comment deadlines associated with its proposed rulemaking to redefine “waters of the United States” for federal Clean Water Act programs and its request for information rega(…)

"Waters of the United States" Rule Open for Public Comment
April 23, 2014
Posted By: Meredith Odato Graham

On April 21, 2014, the U.S. Environmental Protection Agency published in the Federal Register its proposed rule to define “waters of the United States” and related key terms for purposes of determining the extent of federal agency jurisdiction under t(…)

EPA Seeks Comment on Methane and VOC White Papers
April 17, 2014
Posted By: Holly A. Pisanelli

On April 15, 2014, the U.S. Environmental Protection Agency (EPA) released five technical white papers for peer review, each one focusing on a possible source of methane and volatile organic compound (VOC) emissions within the oil and natural gas sect(…)

House Democrats Encourage USEPA Investigations of Alleged Water Contamination
April 3, 2014
Posted By: Meredith Odato Graham

On April 1, 2014, a group of eight U.S. House Democrats sent a letter to the U.S. Environmental Protection Agency (USEPA) urging the agency to address alleged water contamination near drilling sites in Dimock, Pennsylvania; Pavillion, Wyoming; and Par(…)

EPA and Army Corps Release Proposed Rule on Clean Water Act Jurisdiction
March 26, 2014
Posted By: Michael C. Murphy

On March 25, 2014, U.S. EPA and the U.S. Army Corps of Engineers released the pre-publication version of a proposed rule intended to make the process of identifying “waters of the United States” covered under the Clean Water Act less complicated and m(…)

Ohio EPA Director Resigns
January 8, 2014
Posted By: Michael T. Altvater

The director of the Ohio Environmental Protection Agency, Scott Nally, abruptly resigned yesterday after three years on the job. Nally departed his position on short notice and did not give a specific reason for his resignation. Craig Butler, a senior(…)

Revisions to Storage Tank Air Regulations Effective Immediately
September 25, 2013
Posted By: Meredith A. Odato

Earlier this week, U.S. EPA published final revisions to the New Source Performance Standards for the Oil and Natural Gas Sector (i.e., 40 CFR 60, Subpart OOOO).  As discussed in a previous post, EPA has made significant changes to the provisions affe(…)

Methane Emissions from Well Sites Found to be Lower than Previously Estimated
September 25, 2013
Posted By: Jonathan E. Dan

Last week the University of Texas, in conjunction with the Environmental Defense Fund and 9 companies involved in natural gas production, released a study which found that 0.42% of natural gas produced in the U.S. is emitted into the atmosphere as met(…)

EPA Revises SPCC Guidance to Promote National Consistency
September 23, 2013
Posted By: Edward P. Yim

U.S. EPA recently revised its oil spill prevention, control, and countermeasure (SPCC) program guidance to help promote consistency in the way SPCC rules are administered by different EPA regions.  The SPCC rules mandate the implementation of professi(…)

EPA Administrator Gina McCarthy Calls for Environmentally Safe Natural Gas Extraction
August 16, 2013
Posted By: Jon Dan

Recently confirmed U. S. EPA Administrator Gina McCarthy spoke at a forum at the University of Colorado School of Law on August 14 and addressed President Obama’s Climate Action Plan before participating in a panel discussion.   In her remarks, McCart(…)

EPA Finalizes Changes to Air Regulation Affecting Oil and Gas Storage Vessels
August 6, 2013
Posted By: Meredith Odato

The U.S. Environmental Protection Agency (EPA) has released the pre-publication version of its final revisions to the New Source Performance Standards for the Oil and Natural Gas Sector (i.e., 40 CFR 60, Subpart OOOO).  EPA made significant changes to(…)

McCarthy Confirmed as Top EPA Administrator After Months of Delay
July 24, 2013
Posted By: Meredith Odato

On July 18, 2013, the full U.S. Senate voted to confirm Gina McCarthy as the next U.S. EPA Administrator.  The Senate voted 59-40 in favor of President Obama’s controversial nominee, after months of delay.  The President formally nominated McCarthy in(…)

U.S. EPA Gives Lead to Wyoming in Pavillion Gas Migration Study
June 21, 2013
Posted By: Meredith Odato

On Thursday, U.S. EPA announced that the State of Wyoming will lead further investigation of drinking water quality in Pavillion, Wyoming.  In 2009, EPA began working with the state and local tribes to investigate water quality in the Pavillion area i(…)

United States EPA Approves Pennsylvania Department of Environmental Protection's 2012 Integrated Water Quality Monitoring And Assessment Report
May 10, 2013
Posted By: Sean M. McGovern

On May 9, 2013, the U.S. EPA approved the PADEP’s 2012 Integrated Water Quality Monitoring and Assessment Report, a biennial “monitoring and assessment report characterizing the condition of Pennsylvania’s surface waters.”  Included in this report is(…)

U.S. EPA Delays Fracking Study Amidst Congressional Concern
April 30, 2013
Posted By: Meredith Odato

Today the U.S. Environmental Protection Agency announced that it is extending by more than six months the deadline for the public to submit scientific data and literature to inform EPA’s study of the potential impacts of hydraulic fracturing on drinki(…)

EPA Announces Comment Period for Proposed Revisions to Air Rule
April 12, 2013
Posted By: Meredith Odato

The U.S. Environmental Protection Agency’s proposed revisions (described in an earlier post) to certain new source performance standards affecting the oil and natural gas sector were published today in the Federal Register, marking the beginning of th(…)

U.S. EPA Withdraws Rule Changing Deadline for Requesting Alternative Calculation Method for Greenhouse Gas Reporting
April 2, 2013
Posted By: Meredith Odato

On April 2, 2013, the U.S. Environmental Protection Agency (EPA) withdrew a direct final rule it issued in February 2013 that required oil and natural gas companies to submit by June 30th of each year a request to use alternative calculation methods f(…)

U.S. EPA Proposing Changes to Air Rule Affecting Tanks Used in Oil and Natural Gas Production
April 2, 2013
Posted By: Meredith Odato

On March 28, 2013, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of proposed amendments to the Oil and Natural Gas Sector New Source Performance Standards (NSPS).  EPA published the final oil and gas NSPS in August(…)

Obama Nominates McCarthy to Lead U.S. EPA
March 4, 2013
Posted By: Keith Coyle

President Obama announced today that he is nominating Gina McCarthy to be the next Administrator of the U.S. Environmental Protection Agency (EPA).  McCarthy is currently Assistant Administrator for EPA’s Office of Air and Radiation.  She will replace(…)

U.S. EPA Inspector General Reports on Need to Improve Air Emissions Data for Oil and Gas Sector
February 25, 2013
Posted By: Keith Coyle

In a report issued last week, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) asked the agency to improve its air emissions data for the oil and gas industry.  Specifically, OIG called on EPA to implement a comprehen(…)

U.S. EPA Revises Deadline for Requesting Alternative Calculation Method for Greenhouse Gas Reporting
February 19, 2013
Posted By: Ed Yim

The U.S. Environmental Protection Agency (EPA) has announced in a Federal Register notice a revised deadline by which oil and gas operators must submit a request to use alternative calculation methods for reporting greenhouse gas emissions.  The old d(…)

U.S. EPA Finalizes Revised Emissions Standards for Internal Combustion Engines
January 16, 2013
Posted By: Ryan Elliott

On January 14, 2013, the United States Environmental Protection Agency (EPA) finalized amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for stationary reciprocating internal combustion engines (RICE).  In addition t(…)

Top U.S. EPA Administrator Announces Resignation
December 28, 2012
Posted By: Meredith Odato

On December 27, 2012, EPA Administrator Lisa Jackson announced that she plans to leave her position after President Obama’s State of the Union address in early 2013.  Reportedly, the list of candidates to replace Jackson includes Kathleen McGinty, for(…)

U.S. EPA Releases Progress Report on Hydraulic Fracturing Study
December 28, 2012
Posted By: Meredith Odato

On December 21, 2012, EPA released a much-anticipated progress report as part of its major hydraulic fracturing study.  EPA began research in 2011 under its “Plan to Study the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources,” in(…)