On December 21, 2012, the Environmental Protection Agency (EPA) issued a policy announcement addressing how it will deal with source aggregation following the Sixth Circuit’s decision in Summit Petroleum Corp. v. EPA, 690 F.3d 733 (6th Cir. Aug. 7, 2012). (Our previous blog entry on this decision is available here.)
Environmental
DOI Promulgates a New Final Rule for Increased Safety Measures on the OCS
By Liskow & Lewis on
Posted in Environmental
By Sarah Y. Dicharry and Robert E. Holden
After Deepwater Horizon, the President directed the Secretary of the Interior to develop a report concerning safety on the Outer Continental Shelf (“OCS”). In response, the Secretary of the Interior drafted a report entitled, “Increased Safety Measures for Energy Development on the Outer Continental Shelf,” which recommended…
Implications of NTL 2012-N06 on OSRP Preparation and Review
By Liskow & Lewis on
Posted in Environmental
By Sarah Y. Dicharry and Robert E. Holden
In August 2012, the Bureau of Safety and Environmental Enforcement (“BSEE”) published a Notice to Lessees (“NTL”) seeking to clarify a number of ambiguities regarding BSEE’s interpretation and application of the Oil Pollution Act (“OPA”) regulations that require offshore lessees to prepare and submit regional Oil Spill…
Fifth Circuit Reverses District Court’s Imposition of Attorneys Fees on DOI for Reissuance of Drilling Moratorium in GOM Following Deepwater Horizon Incident
By Liskow & Lewis on
Posted in Environmental
By Sarah Y. Dicharry and Robert E. Holden
Following the Deepwater Horizon incident in May 2010, the DOI imposed a six-month moratorium on the issuance of new drilling permits in deep water and directed then-operating lessees to stop operations at the soonest time practicable. The DOI implemented the moratorium on issuance of new leases…
EPA Finalizes NPDES Permit for Oil and Gas Facilities in the GOM OCS
By Liskow & Lewis on
Posted in Environmental
By Robert E. Holden and Carlos J. Moreno
On October 1st, 2012, the Environmental Protection Agency (“EPA”) released the final NPDES general permit for discharges from oil and gas facilities in the western and central portion of the Outer Continental Shelf of the Gulf of Mexico (the “final permit”). The final permit has yet…
EPA Seeks Rehearing En Banc of D.C. Circuit Panel Decision on Cross-State Air Pollution Rule
By Liskow & Lewis on
Posted in Environmental
On October 5, 2012, EPA filed a petition for en banc rehearing of the D.C. Circuit’s August 21, 2012 panel decision vacating EPA’s Cross-State Air Pollution Rule (CSAPR). The panel, in a 2-1 decision authored by Judge Kavanaugh, held that CSAPR exceeded EPA’s statutory authority under the Clean Air Act (CAA)…
D.C. Circuit Vacates EPA’s Cross-State Air Pollution Rule
By Liskow & Lewis on
Posted in Environmental
On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). EPA issued CSAPR in August 2011 pursuant to Sec. 110(a)(2)(D)(i)(I) of the Clean Air Act (the “good neighbor” provision) which requires that State Implementation Plans contain adequate provisions…
Fifth Circuit Vacates EPA’s Disapproval of the Texas Flexible Permits Program
By Liskow & Lewis on
Posted in Environmental
On August 13, 2012, the United States Court of Appeals for the Fifth Circuit vacated the Environmental Protection Agency’s (“EPA”) disapproval of revisions to the Texas State Implementation Plan (“SIP”) dealing with the state’s Flexible Permits program. State of Texas v. U.S. Environmental Protection Agency, No. 10-60614 (5th Cir.
New Air Standards for Oil & Gas Industry May Force HAP Area Sources into Major Source Status
By Liskow & Lewis on
Posted in Environmental
By Robert E. Holden and Carlos J. Moreno
On August 16, 2012, EPA published a new rule that revises the NESHAP Subpart HH standards for the oil and gas industry. 77 Fed. Reg. 159 (Aug. 16, 2012). The Final Rule wassigned on April 17, 2012, but publication in the Federal Register did not occur until…
Air Permitting: Sixth Circuit Vacates Single Stationary Source Aggregation Determination for E&P Facilities Due to EPA’s Unreasonable Interpretation of Adjacent
By Liskow & Lewis on
Posted in Environmental
On August 7, 2012, in a 2-1 decision in Summit Petroleum Corp. v. U.S. Environmental Protection Agency, the United States Court of Appeals for the Sixth Circuit vacated the Environmental Protection Agency’s (EPA) determination that a natural gas sweetening plant and sour gas production wells commonly owned by Summit Petroleum…