Alabama has joined several other states in a petition filed with the U.S. Court of Appeals for the D.C. Circuit seeking to challenge the Environmental Protection Agency's final rule regulating emissions standards for certain oil and gas operations. (AG's Press Release). This challenge is apparently intended not only to address concerns about the rule for new and expanded projects, but also the potential that the rule will be extended to cover existing oil and gas operations. The challenge is led by West Virginia, and a copy of the Petition as filed with the D.C. Circuit can be found at ...
One of the many issues in the current Presidential campaign involves the question of whether to pursue a tax on carbon emissions. The matter has been viewed by the Clinton campaign with some interest but not commitment, while Donald Trump is opposed to the carbon tax at least on the basis that there is no science that supports the underlying idea of climate change. (The Divide on a Carbon Tax)
Interestingly, Exxon has called for support for a carbon tax and acceptance of scientific evidence of climate change (Fortune and Times-Picayune) even though the Company and allies continue to ...
EPA is increasing civil penalties for all statutes it administers that call for the assessment of civil penalties. These increases are not recommendations or proposed statutory amendments, but are the result of perhaps the little known 2015 amendment to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through 2015 ("the 2015 Act"). This Act applies to all federal agencies that have authority to assess civil penalties and not just EPA. EPA's interim final rule adjusting the level of statutory civil monetary penalties was issued June 23, 2016. It will be ...
President Obama signed a major reform of the Nation's chemical safety standards on Wednesday, June 22. The legislation amended the 1976 Toxic Substances Control Act, providing the first substantive changes in the 40-year old law. (The Hill: Obama Signs Chemical Safety Overhaul).
The amendments significantly change the authorities of the Environmental Protection Agency to evaluate chemicals and provide protection to the public. The goal is to provide more extensive and functional oversight of the chemical industry, but in a way that provides certainty to chemical ...
Certain regulated entities that operate under Clean Air Act permits are being reminded that those permits do not necessarily cover air emissions associated with the management of hazardous wastes regulated by the federal Resource Conservation and Recovery Act (RCRA) and various State counterpart statutes. RCRA regulations governing hazardous waste management include certain requirements intended to prevent fugitive emissions of hazardous air pollutants, and these can operate separate from or in addition to requirements imposed by a facility's air permit.
An EPA national ...
The coal industry has experienced substantial economic turmoil over the recent past, including bankruptcies - most recently by Peabody Energy Corporation - but also by Arch Coal, Inc., Walter Energy, Inc., and Patriot Coal Corp.
Generally, the industry and associated users of coal, have attributed these problems to the designated "War on Coal," the fashionable pejorative characterization of policies of the Obama Administration. Popular as it is among these groups to blame all the industry's woes on the Administration, this may well distract from the real cause. Business and ...
Renewable energy investments (primarily solar and wind generation) set a record in 2015 with a collective investment of $286 billion. This according to a report from the United Nations Environment Progamme. (Climate Central News). The indication was that this amount was substantially greater than the total of $130 billion spent on fossil fuel plants last year. Moreover, much of the total is attributable to China, which has historically focused primarily on coal-fired electric generation. Similar progress was noted in the United States at the recent National Renewable Energy ...
On February 9, 2016, the United States Supreme Court dealt the Obama administration a setback when it temporarily blocked the Obama administration's efforts to regulate emissions from coal-fired power plants in its attempt to combat global warming. In a 5-4 opinion, with the Court's four liberal members dissenting, the Court granted a request by 29 states, along with dozens of corporations and industry groups, to temporarily halt an Environmental Protection Agency ("EPA") regulation[1] before the matter was fully considered by a federal appeals court. The EPA issued the ...