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Inflation Reduction Act
Obama Administration Adopts Wide-Ranging Natural Resource Mitigation Requirements
Earlier today, the Obama Administration adopted an expansive set of mitigation requirements for all its natural resource management agencies. Under the voluntary policy, the Department of Defense, Department of the Interior, Department of Agriculture, Environmental Protection Agency, and National Oceanic...
Monthly Futures Exchange Issuance Report: August 2015
August's Highlight This past month, the NYMEX Business Conduct Committee ("Panel") entered into a settlement with an entity to resolve alleged violations of Exchange Rule 526- Block Trades and two Market Regulation Advisory Notices, RA1326-4 and RA-1327-4, related to pre-hedging...
EPA Hits Oil and Gas Industry With a Flurry of Proposed Methane Regulations
EPA took major steps on August 18, 2015 to curtail methane emissions from the oil and gas industry by simultaneously releasing four new proposed rules. These actions are part of the Obama Administration’s larger climate action plan, which focuses primarily...
Decision on Fate of BLM's Hydraulic Fracturing Rule Expected September 2015
The Bureau of Land Management's ("BLM's") Hydraulic Fracturing Rule has been stayed until at least September 2015. BLM finalized the rule on March 20, 2015 for application on federal and Indian lands, three years after its initial proposal. However, on...
EPA's "Next Generation" Enforcement Hitting Region 6 Facilities Now
The U.S. Environmental Protection Agency’s RCRA compliance sweep though Region 6 in the first half of 2015 captured a series of violators sharing the common problem of underreporting their hazardous waste volumes. Particularly noteworthy is the prevalence of companies working...
EPA Updates Its Audit Policy with "eDisclosure"
On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a streamlined, web-based approach for...
A permit system may finally arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities
For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have recently called into...
A $6 Million Reminder to Observe Corporate Formalities: Environmental Prosecutors Pierce Another Corporate Veil with Ohio Decision
With ever-growing concern about environmental liability exposures, many shareholders rely on corporate structures – both simple and complex – to help insulate themselves from direct responsibility for the acts and omissions of the companies they own. Establishing that structure is...
Major Air Enforcement Action Against New Plant Owner Suggests the Value of EPA's "New Owner Audit Policy"
A new $1.3 million Clean Air Act penalty action by U.S. EPA and the Michigan Department of Environmental Quality against AK Steel Corporation has received significant public and media attention this week. The proposed consent decree, filed with the court...
Reports Connecting Seismic Activity to the Injection of Produced Water
In recent days, the Oklahoma Geological Survey (OGS), Southern Methodist University (SMU) in Dallas, and the U.S. Geological Survey (USGS) have each indicated that they are increasingly convinced that there is a connection between the underground injection of produced water...
BLM Releases Final Rule for Hydraulic Fracturing on Federal Lands; Industry Immediately Files Suit
Brief Overview On March 20, 2015, three years after its initial proposal, the Department of Interior's Bureau of Land Management (BLM) finalized new regulations applicable to hydraulic fracturing activities on federal and Indian lands. BLM previously released a draft proposed...
Recent Developments in Regulation of Oil and Gas NORM
Federal and state regulators are considering new rules applicable to naturally occurring radioactive material (NORM) and technologically-enhanced NORM (TENORM) in oil and gas waste. We discuss some of the most recent and expected developments below. Pennsylvania PADEP TENORM Study On...
White House: Oil & Gas Industry Must Cut Methane Emissions By 40-45%
On January 14, 2015, the White House announced that it would for the first time directly regulate methane emissions from the oil and gas industry. By choosing to regulate methane directly rather than regulating VOCs, EPA may be seeking to...
FERC Policy Proposal "“ More Modernization Trackers?
At its November 20, 2014 meeting, FERC issued a policy proposal to facilitate the recovery of the costs associated with improving pipeline safety and reducing emissions. Recognizing the fact that several pipeline safety and environmental initiatives will be facing the...
Election 2014: Explaining the “Wave”
Scott Segal, founding partner of the Policy Resolution Group and long recognized as a top lobbyist in Washington, D.C., gives an insightful analysis of the results of the 2014 midterm elections. Scott delves into a number of key issues, including...