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Babst Calland: Plain Meaning Prevails - 6th Circuit Overturns EPA's Single Source Determination. What's EPA's Next Step?

On August 7, 2012, the U.S. Court of Appeals for the Sixth Circuit published a decision that appears to be a victory in terms of how permitting authorities must decide which air permitting requirements apply to the oil and gas industry. However, a closer look at the Sixth Circuit's decision suggests...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

U.S. EPA Creates Uncertainty in Appalachia with Air Quality Permitting Memorandum

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of air emissions should be aggregated for purposes...

Steptoe & Johnson PLLC: Employers Can't Shorten the Statute of Limitations for FLSA and EPA Claims

By Lindsay M. Bouffard Observant employers who have taken note of the Department of Labor’s increasing enforcement activity in the oil and gas industry may be looking for creative ways to limit their liability. However, a recent Sixth Circuit case makes it clear that trying to shorten employees’...