Author: Goldberg Segalla

Emerging Issues
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There Goes the Neighborhood — New Study Links Oil and Gas Facilities Near Residential Areas to Increased Health Risks

The Colorado School of Public Health has released a study, published in the journal Environmental Science & Technology, which claims that people living near oil and gas facilities may be subject to a higher risk of cancer and other diseases.

The study was focused on residents of Colorado’s northern Front Range, an area of Colorado experiencing an increase in both human population and development of oil and gas resources. The researchers took air samples from multiple sites in Northern Colorado at various distances from …

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Three hydro- fracking derricks drilling natural gas on a plain
Hydraulic Fracturing / Pennsylvania
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Landmark Ruling: Trespass Claims Against Fracking Companies Proceed as Pennsylvania Recognizes Property Rights to Natural Gas

Recently, the Pennsylvania Superior Court — PA’s appellate court — published its opinion in Briggs v. Southwestern Energy Production, potentially altering the landscape of hydraulic fracturing litigation in Pennsylvania.

The intermediary appellate court’s decision centered on the interpretation of Pennsylvania’s rule of capture, which allows companies to drain a natural resource, including oil, gas, or water, from beneath property they do not own so long as they do not trespass on the surface level of the land. In its ruling, the Superior Court noted …

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EPA / Litigation
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States Sue EPA Over Delay in Setting Methane Emissions Standards

On April 5, 2018, 14 U.S. states filed a lawsuit against U.S. Environmental Protection Agency alleging that the agency is “unreasonably delaying” the issuance of federal methane emissions standards.

The complaint names the EPA and EPA Administrator Scott Pruitt as the defendants. New York State is taking the lead in this challenge; other states joining the lawsuit include California, Connecticut, Maine, Maryland, Oregon, Pennsylvania, Rhode Island, Washington, Massachusetts, Pennsylvania, Vermont, Illinois, Iowa, and New Mexico. The District of Columbia and the City of …

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California / EPA
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The Coming Battle Between California and EPA Over Vehicle Fuel Standards — The Implications for CO2 Emissions and Climate Change

Two weeks ago, we reported on potential moves by the EPA to weaken fuel economy standards, and in doing so, picking a fight with California and the state’s ability to set its own emission rules through its waiver under the Clean Air Act. Those threatened moves are now reality, as the EPA announced on Monday that current fuel economy standards will be revised.

But underlying the moves to roll back fuel economy standards is the ongoing war between the Trump Administration’s EPA and efforts to …

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Colorado
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Wild West: Colorado Court Allows Warrantless Searches of Oilfield Sites

A rancher in southwestern Colorado had three oil wells on his property, leased to an oil company, Maralex Resources, Inc., of which the rancher was the president. One afternoon, an inspection supervisor with the Colorado Oil and Gas Conservation Commission (COGCC) contacted a local Maralex office and requested access to the wells for a routine inspection. Because the rancher was out of town, and the properties were protected by locked gates, the Maralex office refused to permit access that day. The inspection supervisor agreed to …

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California / Clean Air Act / EPA
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Cutting out the CARBs: EPA Administrator Suggests Possible Split with California on Emission Standards

Scott Pruitt, the Administrator of the Environmental Protection Agency (EPA), recently discussed a broad range of issues in an interview with Bloomberg TV. Chief among those, Pruitt stated that the EPA is opposed to setting stricter fuel economy standards beyond 2025 and has questioned whether individual states should be able to enact their own tougher emissions rules for cars and light trucks. Pruitt said that California, which has a waiver under the 1970 Clean Air Act giving it authority to set its own emissions standards, …

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EPA
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EPA to Host National Leadership Summit on PFAS

In the latest on per- and polyfluoroalkyl Substances (PFAS), earliest this week, the EPA sent a letter to the governors of 56 states and territories announcing its plan to host a National Leadership Summit on PFAS in Washington, D.C. on May 22 and 23. Stakeholders from across the country are invited to participate in identifying immediate actions to address the public’s growing concern over PFAS. At the Summit, the EPA plans to:

  • Share information on ongoing efforts to characterize risks from PFAS and develop monitoring
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CERCLA / Legislation
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Superfund Alert: The Latest Proposed Changes to CERCLA

On February 12, 2018, President Trump’s Administration published its Infrastructure Plan (Plan) aimed at fixing America’s infrastructure. Within the Plan are several proposed changes to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (also known as Superfund).

The first proposed change is to expand funding eligibility for revitalization projects under CERCLA. Currently, CERCLA Sections 101(39)(B) and 101(41)(C) only authorize grants or revolving loans for brownfields — properties that contain hazardous substances, pollutants, or contaminants that complicate expansion, redevelopment, or reuse. The Plan recommends …

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Hydraulic Fracturing / Pennsylvania
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Power Struggle: A State’s Constitution Being Used to Oppose Hydraulic Fracturing

In June 2017, the Pennsylvania Supreme Court issued its decision in PA Environmental Defense Foundation v. Commonwealth of Pennsylvania, et. al, (PEDF) establishing a broad interpretation of PA’s Environmental Rights Amendment (ERA), which is found in the Commonwealth’s Constitution. Some folks in PA might not know this, but it’s one of only a few states in the nation to recognize having clean air and water as a basic civil right for its citizens. The case, brought by the Pennsylvania Environmental Defense Foundation, …

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Clean Air Act / Climate Change / Litigation
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California Second Generation Climate Change Suits — Back to the Future with Federal Common Law?

An interesting battle currently is playing out in the California courts involving what can be considered a “second generation” of climate change suits that seek to hold producers of greenhouse gases responsible for the costs that government entities are forced to expend in adapting to climate change. In July 2017, three California government entities — Marin and San Mateo Counties, along with the City of Imperial Beach — filed suit in California Superior Court against some of the world’s largest oil, gas, and coal companies, …

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