Archives: Energy & Utilities

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UK Government Issues Guidance on Minimum Energy Efficiency Standards for Leased Property

Beginning 1 April 2018, under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (commonly referred to as the MEES Regulations), non-domestic landlords must ensure that any properties they rent out in England and Wales have an energy efficient rating of at least an E (using the A-G rating system from Energy Performance Certificates … Continue Reading

Ohio Appellate Court Affirms Appropriation of Private Land for Propane/Butane Pipeline

Late last month the Seventh District Court of Appeals in Ohio upheld the appropriation of private land for a pipeline that will carry pure propane and pure butane, ruling that such fractionated natural gas liquids still constitute “petroleum” under Ohio’s eminent domain laws.  The case is now on appeal to the Ohio Supreme Court, but … Continue Reading

Georgia and South Carolina are the Newest Battle Grounds for States’ Eminent Domain Authority

In 2005, the US Supreme Court held in Kelo v. City of New London that the city of New London, Connecticut could condemn 15 residential properties for a “public use” that entailed transferring the property to a new private owner.  The majority opinion backstopped its expansive definition of “public use” by emphasizing that “nothing in [its] … Continue Reading

US District Court Strikes Down BLM Rule for Hydraulic Fracking on Federal and Tribal Land

On June 21, 2016, the US District Court for the District of Wyoming set aside the US Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal and Native American lands, finding that BLM lacked Congressional authority to promulgate the regulations.  “Congress has not delegated to the Department of Interior the authority to regulate … Continue Reading

US EPA Finalizes Oil and Gas New Source Performance Standards With Potentially Broader New Source Review Impact

With US EPA’s regulation of greenhouse gas emissions from fossil fuel–fired electric generation still hotly contested in the D.C. Circuit, US EPA is proceeding with the next step in its implementation of the White House’s Climate Action Plan by moving forward with additional greenhouse gas regulations, this time of the nation’s oil and gas infrastructure.  … Continue Reading

UK Fracking – Picking Up Energy or Still on Go Slow?

On 11 April 2016, the Environment Agency granted the necessary environmental permits to allow the UK-based company Third Energy UK Limited to carry out hydraulic fracturing, or “fracking” as it has become known, for shale gas at the so-called KM8 Well, an existing borehole in North Yorkshire.  Despite opposition, the Environment Agency maintains that the … Continue Reading

Despite Best Efforts, US EPA Faces 2016 Deadline for New Financial Assurance Rules

US EPA has agreed to promulgate financial assurance rules for hard rock mining companies by December 1, 2017.  Specifically, the agencies requirements will apply to facilities which extract or process metals (e.g., copper, gold, iron, lead, magnesium, molybdenum, silver, uranium, and zinc).  The financial assurance requirements will obligate companies performing environmental cleanup to provide a … Continue Reading

U.S. Legislation Extends Tax Credits for Renewable Energy

The U.S. Internal Revenue Code will continue to provide tax incentives for renewable energy. On December 18, 2015, President Obama signed the Consolidated Appropriations Act, 2016 (“Act”), which sailed through both the U.S. House of Representatives and the U.S. Senate. The Act renews tax credit programs for both wind and solar electricity generation for a … Continue Reading

D.C. Circuit Leaves US EPA’s Mercury Rule in Place During Remand

On December 15, 2015, the United States Court of Appeals for the District of Columbia rejected challenges by energy industry groups and several states that are seeking to scrap US EPA’s Mercury and Air Toxics Standards (“MATS”) final rule.  White Stallion Energy Center, LLC v. EPA, Case No. 12-1100.  The Court remanded the rule to US EPA for … Continue Reading

Winds of Change: Turnbull’s Ascension Turns the Tide on Australian Renewable Energy Policy

The renewable energy industry is celebrating the change in Coalition leadership, with hopes pinned on Malcolm Turnbull to show support for the renewable energy sources that Tony Abbott so fervently rejected. Out With the Old In 2014, Australia invested just $240 million in renewable energy projects and facilities, compared to a global investment of $310 … Continue Reading

US District Court Blocks BLM Rule for Hydraulic Fracking on Federal and Tribal Land

On September 30, 2015, the US District Court for the District of Wyoming preliminarily enjoined the US Bureau of Land Management (BLM) from enforcing its final rule regulating hydraulic fracturing on federal and Native American lands, pending the resolution of a challenge to the rule under the Administrative Procedures Act (APA) brought by various industry, state, … Continue Reading

Federal Judge Sides With US EPA In Pebble Mine FOIA Litigation

On August 24, 2015, Judge H. Russel Holland of the US District Court for the District of Alaska dealt a blow to Pebble Limited Partnership’s (Pebble Partnership) efforts to obtain documents which it believes could support its claim that US EPA failed to comply with the Federal Advisory Committee Act (FACA) by coordinating with environmental … Continue Reading

Faced with Drought and Water Shortage, California Water Board Can’t Win For Losing

Things couldn’t be going much worse for the California State Water Resources Control Board (“Board”). In the midst of one of California’s worst droughts on record that has seen water levels drop to historic lows in California Reservoirs, Governor Jerry Brown and the Board have been desperate to find and implement ways to conserve water … Continue Reading

Draft US EPA Assessment Finds No Systematic Risk to Drinking Water from Hydraulic Fracturing

Earlier this month, US EPA released its long-awaited draft assessment on the impact of hydraulic fracturing (fracking) on the nation’s drinking water resources.  The assessment, titled Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources, represents over four years of study into the potential of hydraulic fracturing to … Continue Reading

US Chamber of Commerce Joins House of Representatives in Calls for Greater Regulatory Transparency From EPA

Recently, the US Chamber of Commerce (Chamber) published its report Truth In Regulating: Restoring Transparency to EPA Rulemaking, criticizing EPA for not providing critical details about the regulatory intent and true costs associated with significant Agency rulemakings.  The Chamber report follows on the heels of last week’s passage of H.R. 1029, the EPA Science Advisory Board Reform … Continue Reading

The US BLM Issues Controversial New Fracking Rule

The Bureau of Land Management (“BLM”) issued a final rule on March 20, 2015 to regulate hydraulic fracturing or “fracking” on public and American Indian Lands.  Although the new rule has been final for less than three weeks, it is already a source of controversy. In a press release, the BLM explained that the new rules “will … Continue Reading

Ohio Supreme Court Finds That Local Ordinances Conflict With Statewide Statutory Scheme For Permitting of Oil And Gas Operations

On February 17, 2015, the Ohio Supreme Court issued its long awaited decision in Ohio ex rel. Morrison et al. v. Beck Energy et al.., with a majority of the justices of the high court finding that R.C. §1509.02  gives the Ohio Department of Natural Resources  (ODNR) “sole and exclusive” authority to regulate the permitting, … Continue Reading

MSHA Launches Aggressive Fatality Prevention Initiative in US Metal /Non-Metal Mines

The Mine Safety and Health Administration (MSHA) is rolling out an aggressive fatality prevention initiative in response to a spike in fatalities at metal and non-metal (MNM) mines over the last sixteen months.  Since October 2013, 37 MNM miners have lost their lives, more than double the number of MNM fatalities in the previous three … Continue Reading

Onshore Oil And Gas – Monitoring And Minimising Environmental Degradation In The UK

United Kingdom Onshore Oil and Gas (“UKOOG”), the representative body for the UK onshore oil and gas industry, have published guidelines for establishing environmental baselines that aim to identify variations in environmental conditions which may be attributable to onshore hydrocarbon activities.  The UKOOG guidelines are summarised below. Industry Regulators The guidelines note that the UK’s onshore hydrocarbon industry … Continue Reading

No Gambling in Las Vegas – At Least When it Comes to the Future of Colorado River Water Rights

Every December, the members of the Colorado River Water Users Association – including water users, federal, tribal, state and local regulators, irrigation districts, engineers, conservationists, and others from all over the southwestern United States — gather at Caesar’s Palace in Las Vegas, Nevada to get wild and talk about Colorado River water policy for a … Continue Reading

Environmental Safety and Health Practice Receives National First-Tier Rankings by the US News and World Report

The Squire Patton Boggs Global Environmental, Safety & Health Practice Group has been named among the nation’s best law firms for “Environmental Law” and “Litigation: Environmental” by the US News & World Report. The practice group also earned First-Tier rankings in several metropolitan areas, including: Cleveland; Columbus; Los Angeles; and Phoenix, and was recognized for … Continue Reading

Controversial “Waters of the US” Rule Proposal Draws Criticism as Public Comment Period Expires

The extended public comment period for the US EPA and Army Corp of Engineers’ proposed rule to redefine “waters of the United States” under the Clean Water Act (CWA) expired November 14, 2014.  The proposed rule has come under intense scrutiny for its apparent expansion of CWA jurisdiction.  US EPA received nearly 500,000 public comments … Continue Reading

US Supreme Court Appoints Special Master in Interstate Water Dispute

A. Gregory Grimsal has been appointed by the US Supreme Court as the Special Master in State of Texas v. State of New Mexico et al., Case No. 220141 ORG. Special Master Grimsal, a commercial litigation attorney from New Orleans, Louisiana, will now manage the proceedings in the case going forward and eventually recommend a decision to the Court.  … Continue Reading

What the 2014 Mid-Term Congressional Election Results Mean for Key Environmental Issues in the Run Up to the 2016 Presidential Election

Major policy developments that will drive the agenda in Washington DC over the next two years are outlined in Squire Patton Boggs’ 2014 Mid-Term Congressional Elections Analysis, What to Expect From the 114th Congress in the Run-Up to the 2016 Presidential Election.  Key environmental policy developments include the following: Climate Change Look for the President … Continue Reading
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