On February 3, 2014, the US Department of Energy (USDOE) issued a pre-publication version of its final rule on energy conservation standards for external power supplies (EPS). EPS converts household electric current into direct current or lower-voltage alternating current to operate a consumer product, such as a laptop computer or smart phone. There are hundreds … Continue Reading
On January 27, the US Supreme Court agreed to allow Texas to file suit against New Mexico and Colorado seeking apportionment of the waters of the Rio Grande River. The Texas suit now marks the 100th exercise of the Supreme Court’s Article III, Section 2 original jurisdiction over “controversies between two or more states.” It is the fifth dispute … Continue Reading
As a follow up to our previous report, the Office of Management and Budget (OMB) has extended the public comment period on the Obama Administration’s November 2013 technical support document (TSD) on the social cost of carbon (SCC) by 30 days to February 26, 2014. The extension came in response to requests by industry for more time … Continue Reading
Here are 10 of our most popular posts of 2013: USEPA Approves Use of Phase I ESA Standard ASTM E 1527-13 for AAI – read online UK Enterprise and Regulatory Reform Act 2013 Reverses Previous Burden of Proof for Strict Liability Health and Safety Offences – read online 8th Circuit Denies USEPA’s Petition for Rehearing … Continue Reading
On 5 December 2013 the Chancellor of the Exchequer delivered his Autumn Statement for 2013. The environmental measures it contained had largely been announced in the run up to the budget statement, so there were no real surprises on the day. The main environmental announcements were: Allowance prices for the next round of sales under … Continue Reading
A report published this week has identified that a new ‘muscular legislative package’ is being prepared by the European Commission, bringing shale gas companies operating within the EU under a regime which will be “robust enough” to cater for the inherent environmental risks of the industry. The new regime, which is likely to take the … Continue Reading
The Ohio State Emergency Response Commission (SERC) recently issued a memorandum to the State’s oil and gas well owners and operators, clarifying that they must comply with the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) despite a State law that seemingly allows hydraulic fracturing (also known as “fracking”) operations to avoid such requirements. … Continue Reading
The debate over hydraulic fracturing, commonly known as fracking, on federal and tribal lands continues. As we reported in June, the US Department of Interior’s Bureau of Land Management (BLM) published a proposed rulemaking that would regulate hydraulic fracturing on federal and tribal lands. In response, the BLM has received 1,348,434 comments as of the date of this post. The comment … Continue Reading
On July 19, 2013, the U.S. Department of Energy released to the Associated Press its preliminary results from a study on hydraulic fracturing, or fracking, which found no evidence that chemicals from certain natural gas drilling activities in Pennsylvania have contaminated the drinking water. The study focuses on aquifers at a drilling site in the Marcellus Shale … Continue Reading
A recent US Supreme Court opinion will have a big impact on those applying for land-use permits. In Koontz v. St. Johns River Water Management Dist., 570 U.S. __ (2013), the US Supreme Court extended the unconstitutional conditions doctrine (set forth in Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 … Continue Reading
During a speech at Georgetown University on June 25, 2013, President Obama unveiled his climate change action plan. Not surprisingly, the plan seeks to increase reliance on renewable energy and decrease consumption of fossil fuels. It further directs USEPA to finalize the much anticipated regulation of energy generating units (EGUs) before the end of the President’s … Continue Reading
Overnight going “green” became a more attractive option for businesses and manufactures. How? The Obama administration increased the social cost of carbon (SCC). This increase will impact every industry that deals with greenhouse gas (GHG) emissions regardless of size. The SCC is a monetary value agencies use to perform cost/benefit analysis to quantify the benefits … Continue Reading
Last month, the Bureau of Land Management proposed revised federal regulations for fracking on federally owned lands (more information is available from frESH here). Initially, interested parties had thirty days to provide comments to the Bureau concerning the proposed regulations. However, on June 10, citing “the complexity of the rule and…the controversial nature of well stimulation … Continue Reading
The Department of the Interior (DOI) has circulated proposed rules that would regulate hydraulic fracking on federally owned lands. The proposed rules would impose requirements on companies extracting natural gas on such lands, including mandating disclosure of chemicals used in fracking operations. The DOI’s proposed rules would only cover fracking on federal lands, meaning that the majority … Continue Reading
An old concept with new dimensions is coming to light. Under ancient UK laws, that go back to the Norman conquest, ‘Lordships of the Manor’ had the right to exploit soils/minerals under common land which was part of an ancient estate, despite that land being bought and sold many times on to private individuals and … Continue Reading
Following the devastation in the Fukushima nuclear power plant in Japan on 11 March 2011, thoughts within Europe turned to the safety of our own nuclear power plants. A common methodology was developed across the Union, with multinational teams assessing the plants. ENSREG, the group of national safety authorities of all 27 member states worked … Continue Reading
There are a number of new sanctions for 2013, and it is important for businesses to understand their obligations and what the pitfalls could be if they get their responsibilities wrong. This blog will briefly look at Environment Agency (EA) Civil Penalties in relation to the Emissions Trading Scheme. The European Union Emissions Trading Scheme (EU … Continue Reading
