Monthly Archives: March 2014

West Virginia Chamber Comments on the Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources – Electric Utility Generating Units

The West Virginia Chamber of Commerce (the Chamber) provided comments on March 20, 2014, objecting to U.S. Environmental Protection Agency’s proposed new source performance standards relating to emissions of greenhouse gases from coal and natural gas electric generating units (EGU). See proposal, 79 Fed. Reg. 1430 (January 8, 2014).  The Chamber comments focus upon the… Read More »

Air Trends Data Show Air Quality Improvement

Midwest Ozone Group (MOG) recently posted on its website an article by Gregory Stella, Alpine Geophysics, which addresses the improvement in recent regional emissions and air quality trends in the lower 48 states.  This article is available at  MOG has commissioned several technical studies of air quality trends, which identify trends from 1999 through… Read More »

EPA and Army Corps of Engineers Propose Clarifications to Scope of Clean Water Act Protection

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are proposing a new rule which they say will clarify the scope of waters protected under the Clean Water Act (CWA).  The question of which isolated streams and wetlands qualify for protection under the CWA has been in dispute for more than… Read More »

Chapter 78 Comments Submitted – Monumental Effort by Industry Concluded – What’s Next?

The December 14, 2013 publication in the Pennsylvania Bulletin of the Chapter 78 Proposed Rulemaking set forth new environmental performance standards for activities associated with the development and operation of oil and gas well sites. The response by the industry was unprecedented in scope, perhaps the most significant and comprehensive effort ever undertaken by the… Read More »

EPA Proposes to Approve West Virginia’s Reasonable Progress Goals Report and Adequacy Determination for Regional Haze

On March 14, 2014, the USEPA published its proposed rule to approve a revision to the West Virginia State Implementation Plan (SIP), submitted by West Virginia DEP on April 30, 2013. States like West Virginia are required to submit a progress report in the form of a SIP revision every five years that evaluates progress… Read More »

Senate Joint Resolution 12 Placing Water Rights on the Ballot in West Virginia Dies

The West Virginia Legislature failed to pass SJR12 on the final day of the Regular Session of the 2014 Legislative Session.  The resolution proposed an amendment to the West Virginia Constitution which would have made it the policy of the state that the water resources of the state be protected, conserved, utilized and developed for… Read More »

A Twist of Fate: Court Declares Ecuador Judgment Against Chevron a Fraud

On March 4, 2014, a federal court in New York added an additional twist to the ongoing drama between Chevron Corporation and indigenous Ecuadorean plaintiffs by ruling that the Plaintiffs would not be allowed to collect on a $9.5 billion dollar judgment entered against Chevron in Ecuador for alleged failure to remediate land and property… Read More »

EPA to Finalize Phase II Cooling Water Intake Structure Rule for Existing Facilities by April 17, 2014

The EPA will finalize the cooling water intake rule for existing facilities pursuant to Section 316(b) of the Clean Water Act by April 17, 2014.  The proposed rule will cover approximately 1,260 existing facilities, primarily impacting older facilities that use once-through cooling systems.  Newer facilities employing closed-cycle cooling will not be affected by this rule.

The Winds of Change: Are We Ready for Offshore Wind Energy?

Readers of this blog in Ohio, Pennsylvania and West Virginia may agree that we seem to be blessed with abundant energy sources in our own Appalachian backyards which have provided stable energy to fuel our factories, industrial might and status as a world superpower.  But the development of these resource has presented environmental concerns, reigniting… Read More »