Monday, May 12, 2014 10:21 am by Lowell Rothschild
Earlier this morning, the Obama Administration proposed two new rules which would significantly expand the scope of the Endangered Species Act and, therefore, limit development in areas where endangered and threatened species are – or might eventually be – found. The new rules relate to one of the two main restrictions found in the ESA – that federal actions cannot adversely affect habitat critical to listed species – and would affect the oil and gas upstream and midstream sectors along with other major project development activities.
Most people familiar with the ESA know that, once a species is listed, there is an absolute prohibition on killing, harming, and harassing individual members of the species. But less well known is a restriction which applies only to federal agencies, requiring them to consult with the Fish and Wildlife Service or National Marine Fisheries Service and get FWS or NMFS confirmation that the federal action will not jeopardize the continued existence of any listed species or result in the destruction or adverse modification of critical habitat of the species. This requires consultation for most federal permits and approvals. (more…)
Category: Air Quality/Climate Change, Environmental, Midstream, Upstream Energy
Friday, May 2, 2014 1:56 pm by Grant MacIntyre
On May 1, 2014, Bracewell partner Jeff Holmstead was interviewed in a live on-air chat by the Huffington Post, along with John Walke of the Natural Resources Defense Council (NRDC) and law professor Dan Farber of the University of California at Berkeley. The discussion focused on how the rule works and what the ruling means for coal-fired power plants.
Category: Air Quality/Climate Change, Courts, Enforcement, Environmental, Litigation, Power
Tuesday, April 22, 2014 12:50 pm by Tim Wilkins and Charles Nixon
On April 17, the Texas Commission on Environmental Quality’s new greenhouse gas (GHG) regulations became effective, establishing the framework for a new GHG permitting program at TCEQ, which the agency hopes to begin implementing in the summer of 2014. Before this can happen, EPA must officially approve the rules and also rescind the Federal Implementation Plan under which it currently regulates GHGs in Texas.
The rules have immediate implications for a variety of facilities, however. Whereas the changes to the PSD program only involve new or modified facilities, the Title V aspects of the rules affect both new and existing facilities. Any existing facility with a “potential to emit” GHGs above EPA’s “major source” thresholds will have to either obtain a Title V permit or certify to TCEQ that its actual emissions are below the thresholds (found in 30 Tex. Admin. Code § 122.10(14)(H)). The timing of this certification depends on whether the facility currently has a Title V permit for non-GHG emissions. (more…)
Category: Air Quality/Climate Change, Enforcement, Environmental, National Energy Law, Natural Gas/LNG, Power
Wednesday, April 16, 2014 5:22 pm by Sandra Snyder, Richard Alonso, Salo Zelermyer and Dee Martin
By way of update to last month’s client alert, on April 15, 2014, EPA released five white papers that discuss methane and volatile organic compound (VOC) emissions from the oil and gas sector. The release of the white papers is part of the White House’s Climate Action Plan Strategy to Reduce Methane Emissions.
The white papers cover emissions from five types of emission sources:
- Well completions and production from hydraulically fractured wells
- Liquids unloading
- Pneumatic devices (more…)
Category: Air Quality/Climate Change, Enforcement, Environmental, Midstream, National Energy Law, Natural Gas/LNG, Shale Development, Upstream Energy
Tuesday, April 8, 2014 3:06 pm by Sandra Snyder
On Monday, April 7, the D.C. Circuit heard oral argument in Monroe Energy v. EPA, No. 13-1265, which challenges the 2013 renewable fuels standards (RFS). Judges Rogers, Griffith, and Pillard presided over the argument. Monroe Energy, an independent refiner, and trade associations API and AFPM challenged the 2013 RFS. PBF Holding Company LLC intervened on behalf of Petitioners, and multiple parties intervened on behalf of EPA. (more…)
Category: Air Quality/Climate Change, Courts, Enforcement, Environmental, Litigation, National Energy Law, Renewable Energy/Cleantech
Monday, April 7, 2014 12:55 pm by Lowell Rothschild
Last week we discussed various elements of the U.S. EPA’s and Army Corps of Engineers’ proposed rule redefining Waters of the United States. Today, we note a potentially wide-ranging impact of the rule regarding the identification of wetlands.
Wetlands can be difficult for laypersons to identify, as some are wet for as little as 5-12% of the growing season. In mountainous areas of northern states, that can be as little as 4 days, so for much of the year they can be completely dry. But wetlands are regulated like other waters and require a permit before they can be disturbed. As a result, the greater the acreage of jurisdictional wetlands there are on a particular property, the more complex the permitting process will be. (more…)
Category: Courts, Enforcement, Environmental, Litigation, National Energy Law, Natural Gas/LNG, Regional Energy Law, Shale Development, Upstream Energy