Author: Daniel L. Klein

Fracking / New Mexico
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Fracking Ban Defeated in New Mexico

On Aug. 3, 2021, Chief U.S. District Judge William P. Johnson rejected the effort to prevent hydraulic fracturing (fracking)—the method of extracting oil and natural gas by injecting high-pressure fluid into subterranean rock formations—near archeological and cultural sites in the Mancos Shale geological formation in New Mexico, determining that the Bureau of Land Management (BLM) had done sufficient environmental review to back up its decision and that it didn’t predetermine it would approve drilling permits.

In rejecting the injunction sought by the Sierra Club and …

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EPA
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9th Circuit: EPA’s Review of Methylene Chloride Will Remain Limited for Now

Methylene chloride (MC) is used as a paint-stripping solvent, an aerosol propellant, in the manufacture of film, and as a solvent in drug manufacturing. In the research laboratory and in food production, it is commonly used for extractions. It has also been clinically demonstrated to cause liver and lung cancer in animals and may be a carcinogen to humans, causing severe irritation and burning to the skin and eyes with exposure above recommended levels.

Because of these risks and in response largely to public pressure, …

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Climate Change / Regulations
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Environmental Disclosures: This Looks Like a Job for … the SEC?

$600 Billion. That is the amount of money directly attributed to weather events brought on or exacerbated by climate change over the past five years. Now a coalition of states, including Connecticut, Delaware, Illinois, Maryland, Michigan, Minnesota, New York, Oregon, Vermont, and Wisconsin, and led by California (the Coalition), are pushing for the U.S. Securities and Exchange Commission (SEC) to require U.S. companies to disclose their financial risks posed by climate change.

As stated in a press release by California Attorney General Rob Bonta, “Rising temperatures are …

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Litigation / New York
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NY Navigation Law Alert: Appellate Division Reaffirms “Method of Delivery” is Key for Strict Liability in Oil Spill Case

In the recently-decided Scott v. Triborough Energy Corp., NY Slip Op 03126 (May 13, 2021), the First Department considered a case where the defendant—the plaintiff’s residential heating oil supplier—allegedly caused oil to leak into the plaintiff’s basement while delivering to their home. The plaintiffs sued under Navigation Law § 181(5) (NL), which permits private causes of action in strict liability against a petroleum discharger, as long as the plaintiffs have “not caused or contributed to (and thus are not ‘responsible for’) the discharge. See…

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California / Fracking
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California Permanently Calls it Quits on Fracking

One day after Earth Day 2021, California, a state that is routinely—if somewhat surprisingly—among the top five states for oil production, placed a moratorium on new hydraulic fracturing (fracking) by 2024 and the complete end to oil extraction in the state by 2045.

Fracking, the process of extracting oil or natural gas from the earth by using certain chemicals in proportion with large amounts of water to ‘fracture’ rock formations to release crude oil and natural gas, only accounts for up to one fifth of …

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Emerging Issues
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The Battle for Biofuel Exemptions Heads to the Supreme Court

In a bid to curb the emission of greenhouse gasses and reduce American dependence on foreign oil sources, Congress passed the Energy Policy Act of 2005, which included the Renewable Fuel Standard (RFS). The RFS imposes Renewable Volume Obligations (RVO) on transportation fuel producers in the U.S., requiring them to include a threshold amount—increasing annually—of renewable fuels such as those derived from corn, grain, or sugarcane.

Though hailed by environmental groups as a step in the right direction, the RFS has promulgated the acceleration of …

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Fracking
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Delaware River Basin Commission Issues Permanent Ban on Fracking

The door is now closed on conducting high volume hydraulic fracking in the Delaware River basin (DRB).

On February 25, 2021, the Delaware River Basin Commission (DRBC) voted to finalize the temporary fracking ban they instituted in 2010 due to concerns over potential water pollution, which resulted from fracking wastewater. The DRBC was created in 1961 by President Kennedy and the governors of the four states collectively representing the 24 counties that comprise the DRB.

Over the last decade, environmentalists have been advocating for this ban …

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California
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California Aims for Big Businesses to Stop the Burning

In a new bid to stop the onslaught of climate-related crises, including successive, record-setting wildfire seasons, increased flooding, and paradoxically increased and more frequent droughts, the California legislature has seized on a new initiative: corporate accountability.

Senate Bill 260, or “The Climate Corporate Accountability Act,” would apply to both publicly-traded and private corporations making more than $1 billion per year doing business in California. If adopted, it will require the approximately 5,000 companies to which it would apply to log every single element of their …

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Clean Air Act / EPA
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Ethylene Oxide: The Coming Storm?

Ethylene oxide is a gas commonly used to make other chemicals utilized in a variety of consumer and industrial goods, including fabric, detergents, medicines, and adhesives. It’s even used to sterilize medical devices and spices and to kill microorganisms in grains. But ethylene oxide is acknowledged as a known human carcinogen (cancer-causing compound or substance) in high-level concentrations and extended periods of exposure. Ethylene oxide has been linked to non-Hodgkin lymphoma, leukemia, multiple myeloma, and breast cancer, among many other cancers and physical ailments.

The …

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Emerging Issues / EPA
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NDMA―Hiding in Plain Sight

Last month, extended release (ER) Metformin―an oral diabetes medicine that helps control blood sugar levels―joined a small-but-expanding list of prescription drugs, including Valsartan (for blood pressure) and Zantac (for heartburn), that were recalled by manufacturers because it may contain amounts of N-nitrosodimethylamine (NDMA) above the acceptable intake limit.

NDMA is a semi-volatile, odorless yellow oil that can form naturally or unintentionally through industrial processes, and is also found naturally at low levels in many foods, such as roasted meats, cheese, and beer, because of cooking …

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