Monthly Archives: September 2015

EPA Floats Proposed New Enforcement Initiatives for 2017 – 2019

On September 15, US EPA proposed its National Enforcement Initiatives (“NEI”) for calendar years 2017 through 2019. US EPA develops a set of NEI every three years, focusing federal resources on industries with noncompliance issues on a regional or national scale, where federal attention can make a difference. EPA’s latest proposal would add several new… Read More »

Migratory Bird Treaty Act Enforcement Questioned

On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit ruled that the Migratory Bird Treaty Act (“MBTA”) only criminalizes acts related to hunting or poaching, not omissions that unintentionally kill birds.  US. V. Citgo Petroleum Corporation, et al., case number No. 14-40128, in the U.S. Court of Appeals for the Fifth… Read More »

Clean Water Rule – Inconsistent Application

The final Clean Water Rule redefining “Waters of the United States” was scheduled to go into effect August 28, 2015.  There have been several suits challenging the rule filed since the rule was finalized.  Among those actions include a consolidate action before the 6th Circuit Court of Appeals in Ohio by Murray Energy Company and… Read More »

WV Division of Air Quality Draft General Air Permit G35-C for Natural Gas Compressor and/or Dehydration Facilities

On August 14, 2015, the West Virginia Division of Air Quality released General Air Permit G35-C for Natural Gas Compressor and/or Dehydration Facilities for comment. The public comment period will end September 14, 2015 at 5:00PM. A copy of the draft permit along with the fact sheet and application forms is available at G35-C… Read More »

PA Climate Impacts Assessment Update

In 2008, the Pennsylvania General Assembly passed the Pennsylvania Climate Change Act (Act 70) which directed the Pennsylvania Department of Environmental Protection (DEP) to conduct a study of the potential impacts of global climate change on Pennsylvania over the next century and issue a report to be updated every three years. A team from Pennsylvania… Read More »