On April 13th, President Obama issued an Executive Order creating a federal inter-agency task to coordinate efforts on oversight of horizontal well drilling and hydraulic fracturing for natural gas. Method such as hydraulic fracturing (i.e. "fracking") have allowed access to massive new deposits of natural gas bring the price down for natural gas to
Governor Releases Bill to Regulate Shale Gas Drilling and Wastewater Disposal
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Right now there is no other topic in Ohio that generates more news coverage than horizontal gas drilling (or "fracking"). It seems a day doesn’t go by without a new news story regarding fracking or related developments.
Ohio has seen oil & gas wells installed for well over a hundred years. However, until recently huge
EPA Overhauls Underground Storage Tank Regulations for the First Time in Over Two Decades
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EPA is proposing a whole series of new inspection and testing requirements for underground storage tanks (USTs). By expanding the types of UST systems covered under the rules, EPA is proposing to extend application of all UST regulations to entities not previously regulated, such as hospitals and universities.
EPA first promulgated regulation governing underground storage
Cheap Gas Fosters EPA Carbon Cap on Future Coal Plants
On March 28th, U.S. EPA released its highly controversial rulemaking which establishes a carbon dioxide (CO2) emission limit on new coal-fired power plants. All future coal-fired power plants will have to utilize an unproven technology, carbon capture and sequestration (CCS), to meet the emission limits. CCS involves capturing CO2 and injecting it deep beneath the earth’s
U.S. Supreme Court Unanimously Tells EPA its Orders Can be Reviewed
On March 20, 2012, the U.S. Supreme Court handed down the much anticipated decision in Sackett v. EPA. The Court rejected U.S. EPA’s claims that its administrative enforcement orders were not subject to pre-enforcement review. The Court’s decision provides a new tool to challenge EPA administrative compliance orders.
Synopsis of the Case
The Clean Water
Ohio EPA Asbestos Abatement Rule Changes Could be Costly
Ohio EPA has finalized changes to its asbestos regulations which govern notification and work practices for asbestos abatement. Ohio EPA described the changes as minor. However, one change in particular could impact asbestos abatement contractors.
Ohio EPA modified the definition of "friable asbestos material" appearing in Ohio Administrative Code Section 3745-20-01. The only change
Legislation Introduced to Implement Great Lakes Compact following Governor Kasich Veto
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Representative Wachtmann has introduced H.B 473 which will implement Ohio’s regulatory program under the Great Lakes Compact. H.B. 473 follows last summer’s veto by Governor Kasich of H.B. 231 which was criticized by environmental groups and former Governor Taft and Senator Voinovich as not protective enough of Lake Erie.
The Great Lakes Compact was
EPA Decides Not to Ratchet Down Federal Permitting Thresholds for Greenhouse Gases
On February 24th, U.S. EPA announced that it would keep in tact the greenhouse gas (GHGs) thresholds for when federal permitting requirements would be triggered. In announcing that it would not ratchet down the trigger thresholds, EPA said state permitting authorities need more time to develop proper infrastructure as well as expertise in GHG permitting.
Court Hears Two Days of Oral Argument over the Future of Climate Change Regulation
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The future direction of climate change regulation in the United States will turn on the decision of the U.S. Court of Appeals for the District Court of Columbia (D.C. Circuit) following two days of oral argument. A decision is expected as soon as this June.. There is no doubt that this may be the most
Part 1 on U.S. EPA’s Audit Policy: The:Basics
U.S. EPA’s Environmental Audit Policy encourages companies to self-evaluate their compliance with environmental requirements and disclose any violations to EPA. As an incentive to disclose violations to EPA, the Audit Policy provides up to 100% forgiveness of gravity-based civil penalties if certain conditions are met.
U.S. EPA’s audit policy contains nine (9) conditions that must