LexisNexis® Legal Newsroom
Global Warming: Reasonable, Cost-effective Steps that can slow the Temperature Rise

First, some good news. Prior posts have noted repeatedly the key role that methane plays in global warming (the longterm trend in temperature, not seasonal or annual variations). Prior posts have also noted the role that particulates-aerosols play in global warming, and their adverse effect on human...

When Organic Does Not Mean Healthy

Consumers are attracted to organic products because they are perceived to be healthier than conventional food sources. To borrow a phrase from Porgy & Bess (as I have done in the past), it ain't necessarily so. [See http://www.youtube.com/watch?v=kP5O_NUhrK0 .] Organic brown rice syrup has...

Babst Calland: EPA Proposes Amendments to Greenhouse Gas Reporting Rule for Petroleum and Natural Gas Systems

By Meredith Odato Graham This week the U.S. Environmental Protection Agency (EPA) published a proposal to amend Subpart W of the greenhouse gas reporting program rules, which affects the Petroleum and Natural Gas Systems source category. According to EPA’s fact sheet , “[t]he proposal...

Babst Calland: EPA Seeks Comment on Methane and VOC White Papers

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 sector. The papers describe estimated...

Babst Calland: Environmental Advocacy Groups Call for National Methane Emission Standards

By Holly A. Pisanelli On September 18, 2014, sixteen of the nation’s largest environmental advocacy groups joined forces in a letter to President Barack Obama calling for national standards aimed at reducing methane emissions from oil and gas operations. The letter urged the U.S. Environmental...

US EPA Issues First-Ever RCRA “Imminent and Substantial Endangerment” Order for Vapor Intrusion at Fort Gillem, Georgia

By: Alexander J. Bandza In what appears to be the first-ever RCRA § 7003, [ enhanced version available to lexis.com subscribers ], “imminent and substantial endangerment” order for vapor intrusion, US EPA Region 4 issued an order last month for the US Army to take expedited corrective...

Challenges to EPA’s Proposed Carbon Rules: What If They Succeed?

By Michael B. Gerrard The Clean Power Plan proposed by the Environmental Protection Agency in June is the centerpiece of the Obama Administration’s efforts to fight climate change. Coal-fired power plants are by far the largest source of greenhouse gas emissions in the United States, and...

air conditioner compressor units

EPA Proposes More Stringent Ozone Standards

The U.S. Environmental Protection Agency (EPA) has signed a proposed rule to promulgate more stringent primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. The proposed rule would limit air ozone concentrations to between 65 and 70 parts per billion (ppb), down from the current...

EPA’s 2012 Primary Annual Fine Particle Designation Identifies Attainment Status for All of West Virginia

By Laura M. Goldfarb EPA designated all of West Virginia as being in attainment for the 2012 primary annual fine particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS) by rule on December 18, 2014. This is significant for industry and business development in West Virginia because, air...

Congressional Leaders To FERC: “Did EPA Consult with You About Its Clean Power Plan?”

You are probably well aware of the Environmental Protection Agency’s (“EPA”) Clean Power Plan. You may not be aware that Congressional leaders are asking very pointed questions to the Federal Energy Regulatory Commission (“FERC”) about whether Commissioners were adequately...

MATS Corrections

By Laura M. Goldfarb , Member, Steptoe & Johnson PLLC. EPA is proposing to correct certain text of the final MATS Rule officially titled “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance...

Babst Calland: Pennsylvania Natural Gas Operator Prevails in Air Aggregation Case

By Meredith Odato Graham {On Feb. 23}, the U.S. District Court for the Middle District of Pennsylvania granted a motion for summary judgment in favor of a natural gas operator in a closely-watched case involving air aggregation issues [ enhanced opinion available to lexis.com subscribers ]. In 2011...

The Clean Power Plan: A View from FERC

By J. Wylie Donald It was innocuous enough: Conference on Environmental Regulations; but the plainness of title belied what was going on at the Federal Energy Regulatory Commission at the first public forum at FERC on EPA's Clean Power Plan. It played to overflow crowds. Notwithstanding arriving...

Texas Petrochemical Refinery Achieves Reasoned Victory Against Clean Air Act Citizen Suit

ExxonMobil Corp. (Exxon) operates a refinery complex in Baytown, Texas, which is the largest petroleum and petrochemical complex in the U.S. This Complex is governed by Title V operating permits issued by the Texas Commission on Environmental Quality (TCEQ). In a 2010 citizen lawsuit, Environmental Texas...

The Clean Power Plan: A View from FERC, Part II - Infrastructure

By Tricia Caliguire Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last month, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore matching red t-shirts and, after the first panel concluded...

Natural Gas Operator Prevails in Air Aggregation Case

In a highly-anticipated decision, the U.S. District Court for the Middle District of Pennsylvania has granted a motion for summary judgment in favor of a Pennsylvania natural gas operator in an air aggregation case filed by a citizen group. The decision was issued on February 23, 2015 in Citizens for...

Peter Glaser Talks “Just Say No” Option for States on E&E TV

Should states opt to “just say no” to U.S. EPA’s Clean Power Plan proposal by either not submitting compliance plans or creating mechanisms that do not follow the agency’s building blocks? Peter Glaser in Troutman’s D.C. office discussed that question with E&E TV’s...

Ohio EPA Seeks Early Stakeholder Input on Sulfur Dioxide Rules

Ohio EPA is seeking early stakeholder input[1] on potential amendments to Ohio’s sulfur dioxide regulations as part of the five-year rule review process mandated by ORC §119.032, [ enhanced version available to lexis.com subscribers ]. The rules, which are found at Ohio Administrative Code...

The 2014 California Environmental Legislative Recap: An Election Year Drought

By Mr. Gary A. Lucks Get the latest expert analysis on California's new environmental and land use laws. This article summarizes legislation passed during the 2014-2015 California Legislative Session, including bills addressing water supply, hazardous waste, solid waste, cimate change, air...

The Constitutional Foundation for the Clean Power Plan

As members of Congress wisely examine the legal basis for the Clean Power Plan, they should feel confident that the Environmental Protection Agency is acting with a solid constitutional foundation. At a Tuesday hearing of the Subcommittee on Energy and Power of the House Committee on Energy and Commerce...

Criminal Asbestos Case Against Tennessee Salvage Company

By E. Lynn Grayson U.S. District Judge Ronnie Greer sentenced five people to prison terms in federal court in Greeneville, Tennessee, this week for conspiring to commit Clean Air Act offenses in connection with the illegal removal and disposal of asbestos-containing materials at the former Liberty...

Babst Calland: Pennsylvania DEP Releases 2013 Emissions Inventory for Natural Gas Industry

By Michael K. Reer Earlier this week the Pennsylvania Department of Environmental Protection (DEP) released the 2013 air emissions inventory for the natural gas industry. Operators submit emissions data to DEP on an annual basis. Compared to 2012, the 2013 inventory includes data from 1,590 additional...

A FIP Primer for the Clean Power Plan

Much has been made of late about EPA’s authority to develop federal implementation plans (FIPs) to achieve the state-based GHG emissions reduction targets the agency is preparing to establish under Clean Power Plan. Led by Senator Mitch McConnell, objectors have loudly urged states not to submit...

Can and Should Greenhouse Gases be Regulated as Hazardous Air Pollutants under CAA § 112?

The Sabin Center has published a student paper by Mark Bond* which examines the legal and practical consequences of regulating greenhouse gas emissions as hazardous air pollutants under §112 of the Clean Air Act. To download the full paper, click here . This paper poses three questions: 1...