Monthly Archives: December 2013

Environmental Protection Agency Finalizes Rule Excluding CO2 Streams From Hazardous Waste Management

U.S. EPA finalized its rule conditionally excluded CO2 streams (which would otherwise be considered hazardous) associated with geologic sequestration (GS) from the Resource Conservation and Recovery Act (RCRA) definition of hazardous waste on December 17, 2013.  The pre-publication notice is available at   (The rule was initially proposed on August 8, 2011.  See, 76 FR… Read More »

Extended Programmatic Permits Available for the Take of Eagles

The United States Department of the Interior Fish and Wildlife Service (Service) recently issued a final rule revising the regulations for permits for take of golden eagles (Aquila chrysaetos) and bald eagles (Haliaeetus leucocephalus) that is associated with, but not the purpose of, an otherwise lawful activity.  78 FR 73704 (Dec. 9, 2013).  Absent a… Read More »

Steptoe & Johnson 2014 Energy Leadership Summit

You read this blog because you know that it’s critical to keep up with emerging issues in environmental and energy law.  If you’re interested in a deeper discussion on the key issues in the energy industry, consider joining us for the Steptoe & Johnson 2014 Energy Leadership Summit.  Three of our regular blog contributors, Kathy… Read More »

Earthworks Accountability Project Report – Its Conclusions Regarding Marcellus Flowback in Pennsylvania

A recently released October, 2013 report by the Earthworks Oil and Gas Accountability Project out of Durango, Colorado contains some interesting statements on the amount and method of flowback disposal associated with Pennsylvania Marcellus Shale gas production.  This report was prepared by Downstream Strategies out of Morgantown, West Virginia and San Jose State University out… Read More »

EPA Efforts to Limit the Application of 8th Circuit Loss Could Result in Nationwide Litigation

Earlier this year, the Iowa League of Cities successfully challenged The United States EPA regarding the management of wastewater flows during heavy rain. The Eight Circuit Court of Appeals sided with the League and threw out EPA policies restricting utilities’ options for handling wet weather flows. As a result of this case, the EPA can… Read More »

Public Comment Period on Proposed Listing of Northern Long-Eared Bat Extended

In 2011, the Department of Interior entered into a settlement with the Center for Biological Diversity and WildEarth Guardians that covered 779 species in 85 lawsuits and legal actions.  The settlement required the U.S. Fish and Wildlife Service to take action on pending petitions for 757 species over a seven year period.  On October 2,… Read More »

EPA Proposes Approval and Promulgation of Redesignation Requests for West Virginia Portion of Steubenville-Weirton Nonattainment Area for 1997 and 2006 PM2.5 Standards

EPA announced that it is proposing on December 9 to approve the West Virginia’s Department of Environmental Protection’s April 13, 2012, and June 8, 2012 requests to redesignate the West Virginia portion of the Steubenville-Weirton, OH-WV nonattainment area as attainment for both the 1997 annual and the 2006 24-hour fine particulate matter (PM 2.5) National… Read More »

West Virginia DEP seeks public comment to the draft Multi-Sector Storm Water Associated with Industrial Activity Permit Reissuance

On November 26, 2013 the West Virginia Department of Environmental Protection published the draft re-issuance of the Multi-Sector General WV/NPDES  Permit for Stormwater Associated with Industrial Activity Permit ( WV/NPDES Permit No. WV0111457).  This general permit covers multiple industrial activities, and it is proposed to be reissued for a five year term. State and Federal… Read More »

Northeastern States Petition US EPA to Add Nine Additional States to the Ozone Transport Region

As the United States Supreme Court hears arguments this week about US EPA’s Cross-State Air Pollution Rule, eight members of the Ozone Transport Region (“OTR”) are petitioning US EPA pursuant to Section 176A of the Clean Air Act to expand the OTR to include Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, Virginia and West… Read More »

It is Not Just a Question of Federal vs. State Regulation – Local Power to Regulate Oil and Gas Industry Challenged in Colorado

The oil and gas industry has commenced a legal challenge to two local ballot initiatives in Colorado where voters approved extended moratoriums against the use of hydraulic fracturing within their jurisdictions.  The Colorado Oil & Gas Association (COGA) has filed actions in Boulder County and Larimer County to strike down a five-year moratorium in the… Read More »