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Documents on Environmental Law, Energy
 

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HTMLStates Square Off Over Potential Federal Regulation of Methane Emissions From Oil and Gas Operations
Greg A. Christianson, Tom Gede, Clara Maria Poffenberger, Rick R. Rothman, Julia E. Stein; Bingham McCutchen LLP;
Legal Alert/Article
May 20, 2013, previously published on May 14, 2013
On May 2, 2013, Oklahoma Attorney General Scott Pruitt, joined by 12 other state Attorneys General, cautioned the United States Environmental Protection Agency (“EPA”) from engaging in negotiations with seven Northeastern states over potential federal regulation of methane emissions...

 

HTMLWastewater NPDES Permits: Legal Protections
Douglas A. Henderson, Byron Kirkpatrick, E. Fitzgerald Veira, Justin T. Wong; Troutman Sanders LLP;
Legal Alert/Article
May 6, 2013, previously published on May 1, 2013
Full disclosure and strict compliance with the National Pollutant Discharge Elimination System (NPDES) permitting process under the Clean Water Act (CWA) has its benefits. That was the message delivered in a recent decision by the Federal District Court of Alaska in Alaska Community Action on...

 

HTMLCalifornia Commercial Building Owners Must Comply With New Energy Use Disclosure Rules Commencing July 1, 2013
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 3, 2013, previously published on May 1, 2013
The long-awaited energy use disclosure requirements, first enacted as AB 1103 (Saldana) in 2007 (codified as California Public Resources Code, §25402.10), are finally effective. Commencing July 1, 2013, owners of commercial, non-residential buildings in excess of 50,000 square feet will be...

 

HTMLPart II - How Will North Carolina Handle Forced Pooling?
Jessica L. Kimble; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 2, 2013, previously published on May 1, 2013
As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission by October 1, 2013. One of the many issues up for debate is...

 

Adobe PDFPennsylvania Supreme Court Reaffirms Dunham Rule, Confirms that Marcellus Shale Natural Gas is not a "Mineral"
Schnader Harrison Segal Lewis LLP;
Legal Alert/Article
April 30, 2013
On April 24, 2013, the Pennsylvania Supreme Court in Butler v. Powers held that Marcellus shale “natural gas is presumptively not a mineral for purposes of private deeds.” The Court reaffirmed the “Dunham Rule,” which applies the common, layperson understanding of what is...

 

HTMLSELLER BEWARE: Scrutiny of “Green Claims” Used to Promote Products and Services
Daniel Flynn; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
April 25, 2013
Marketing a product or service as “energy efficient” or “environmentally friendly” can help target specific customers and generate sales. However, sellers are well-advised to exercise caution in crafting and substantiating environmental benefit claims in light of recent...

 

HTMLBLM Violated NEPA in Failing to Analyze Fracking Before Granting Oil and Gas Leases in Monterey
Sarah M. Barker-Ball, Greg A. Christianson, Ella Foley Gannon, Camarin E.B. Madigan; Bingham McCutchen LLP;
Legal Alert/Article
April 19, 2013, previously published on April 18, 2013
In an Order issued March 13, 2013, U.S. District Judge Paul Grewal in San Jose ruled that the Interior Department’s Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to conduct an environmental impact study and to consider the impacts of...

 

HTMLCarbon Claustrophobia - Significant Changes Coming to the Regional Greenhouse Gas Initiative's Cap and Trade Program
Steven C. Russo, Adam B. Silverman; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2013, previously published on April 16, 2013
New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Energy Research and Development Authority (NYSERDA), is currently accepting public comments on several proposed changes to the DEC’s regulations governing New York’s participation in...

 

Adobe PDFBlendWall Spurs Calls for Significant Revisions to EPA’s Proposed RIN Quality Assurance Program
Adrienne M. Timmel, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 15, 2013, previously published on April 9, 2013
Recent surges in the price for ethanol-based renewable fuel credits, known as renewable identification numbers or “RINs,” have sparked concern that the gasoline industry may have reached the so-called “blend wall” earlier than expected. In simple terms, the blend wall refers...

 

Adobe PDFEPA to Apply the "Functionally Interrelated" Test for Aggregation of Emission Sources in Air Permits for Oil and Gas and Other Operations Outside the Federal Sixth Circuit; Suit Filed Challenging the EPA's Position
Boyd A. Bryan; Jones Walker LLP;
Legal Alert/Article
April 3, 2013, previously published on March 28, 2013
"Major sources" of air emissions are subject to the stringent permitting requirements of Title V of the Clean Air Act and its state law counterparts. Title V defines a "major source" generally as any stationary facility or source that emits, or has the potential to emit, 100...

 


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