Air Quality
Agricultural Law Weekly Review—April 17, 2023
Water Quality: North Dakota Federal Court Enjoins WOTUS Final Rule in 24 States 🌾
On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction immediately effective in 24 states against the U.S. Environmental Protection Agency’s (EPA) January 2023 WOTUS Final Rule in West Virginia v. U.S. EPA, No. 3:23-cv-00032. In addition to a previously-issued federal court injunction issued in Texas, effective in Texas and Idaho, the new injunction is effective in Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, […]
Agricultural Law Weekly Review—March 27, 2023
Biosecurity: Pennsylvania Suffers Renewed 2023 HPAI Outbreak, Issues Additional Quarantine Order for Live Bird Market Supply Chain 🌾
From February 1, 2023, through March 17, 2023, Pennsylvania has confirmed thirty-two (32) premises, both commercial and non-commercial, infected by highly pathogenic avian influenza (HPAI) in the last eight (8) weeks, totaling approximately 295,000 depopulated birds, primarily smaller mixed species growers (7,000 birds or less) supplying East Coast live bird markets, but also including six (6) commercial production premises (turkey—3, ducks—2, and broilers—1). Twenty-three (23) of the detections have been in Lancaster County, as are the overwhelming majority of active control […]
Shale Law Weekly Review—Week of January 16, 2023
GHG Emissions: Council on Environmental Quality Issues New Guidance for Agency Analysis of Greenhouse Gas and Climate Change Impacts ⚡
On January 6, 2023, the Council on Environmental Quality (CEQ) issued new guidance for agencies in their analysis of how proposed actions under the National Environmental Policy Act (NEPA) will impact the climate and contribute to greenhouse gas emissions. CEQ states that the purpose of the guidance is to help federal agencies better evaluate the impact of their agency actions on climate change. The new guidance asks agencies to consider both “(1) the potential effects of a proposed action on […]
Shale Law Weekly Review—Week of June 20, 2022
Air Quality: PA DEP Releases Rulemaking Proposal for VOC Emissions ⚡
On June 14, 2022, the Pennsylvania Department of Environmental Protection held a meeting and released a Final Rulemaking regarding volatile organic compound (VOC) emissions. It affects the following VOC sources, “storage vessels; natural gas-driven continuous bleed pneumatic controllers; natural gas-driven diaphragm pumps; reciprocating and centrifugal compressors; and fugitive emissions components.” In addition, the rulemaking includes EPA’s emission limits based on “reasonably available control technology,” otherwise known as RACT requirements. An executive summary can be found here. Next, the DEP will submit the rulemaking to the U.S. Environmental Protection […]
Shale Law Weekly Review—Week of November 29, 2021
Public Lands: Interior Review of Oil and Gas Leasing Programs Finds Failures to Provide a Fair Return
On November 26, 2021, the Department of the Interior (DOI) released a report critiquing the functioning of the federal government’s onshore and offshore leasing programs. The report specifically condemned the leasing programs’ financial operations, suggesting that the royalty rates for leasing on public lands be increased, and that the bonding levels should likewise be increased. The report was requested by President Biden as part of Executive Order 14008 and it was based on studies previously conducted by the Government Accountability Office (GAO) […]
Shale Law Weekly Review—Week of November 8, 2021
GHG Emissions: The U.S. Supreme Court Grants Petitions for Writs of Certiorari Asking Review of EPA’s Authority over Regulation of GHG Emissions from Power Plants
On October 29, 2021, the U.S. Supreme Court agreed to hear multiple petitions for review of the U.S. Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from power plants under the Clean Air Act (CAA). The petitions have been consolidated under docket No. 20-1530. The state of North Dakota (No. 20-1780) along with nineteen (19) other states (No. 20-1530), the North American Coal Corporation (No. 20-1531) and Westmoreland Mining Holdings, LLC (No. 20-1778) […]
Shale Law Weekly Review – Week of October 11, 2021
GHG Emissions: U.S. Environmental Protection Agency Issues Final Rule to Reduce Hydrofluorocarbons Use and Production ⚡
On October 5, 2021, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a Final Rule, titled “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under the American Innovation and Manufacturing Act.” The purpose of this rule is to decrease the U.S. production and use of hydrofluorocarbons (HCFs) by 85% until 2036, in accordance with the 2020 American Innovation and Manufacturing Act. Hydrofluorocarbons are potent greenhouse gases that are commonly used as refrigerants in refrigeration and air-conditioning systems. In a […]
Agricultural Law Weekly Review – Week Ending August 20, 2021
Pesticides/Herbicides: EPA Invalidates all Chlorpyrifos Tolerance Levels, Prohibits Use on Food 🌾
On August 18, 2021, the U.S. Environmental Protection Agency (EPA) announced a final rule invalidating all “tolerances” for chlorpyrifos and stating the agency’s intent to cancel all registered food uses of the pesticide. The agency action responds to the April 29, 2021, order and June 21, 2021, mandate from the U.S. Court of Appeals for the Ninth Circuit, which ordered EPA to either correct or revoke chlorpyrifos tolerances and food-use registrations. LULAC, et al v. Michael Regan, et al, No. 19-71979. EPA states that […]
Shale Law Weekly Review – Week of May 17, 2021
Air Quality: EPA Rescinds Clean Air Act Benefit-Cost Rule ⚡
On May 14, 2021 the U.S. Environmental Protection Agency (EPA) posted in the Federal Register an interim final rule titled, “Rescinding the Rule on Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process” (86 FR 26406). The recission retracts the December 2020 rule promulgated by the previous administration (85 FR 84130). The December 2020 rule required the agency to include in the preamble of all proposed “significant” Clean Air Act regulations the results of a benefit-cost analysis demonstrating “a clear causal or […]
Shale Law Weekly Review – Week of March 8, 2021
Water Quality: Court of Appeals Reverses Lower Court Decision that Enjoined Use of New Clean Water Act Rule in Colorado ⚡
On March 2, 2021, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court decision that had enjoined the use of section 404 of the Clean Water Act in Colorado. (State of Colorado v. EPA, Nos. 20-1238, 20-1262, 20-1263). In April 2020, the Environmental Protection Agency and the Army Corps of Engineers (Agencies) published the Navigable Waters Protection Rule: Definition of the “Waters of the United States.” The Navigable Waters Protection Rule (NWPR) defines Waters […]
