Monthly Archives: April 2016

Technical Guide for Addressing Petroleum Vapor Intrusion at Leaking Underground Storage Tank Sites

The United States Environmental Protection Agency (“EPA”) has issued their long awaited guidance for petroleum vapor intrusion related to leaking underground storage tank (“UST”) sites. Authorized regulatory decision-makers (i.e., state agencies, tribal governments, etc. with authority to regulate leaking UST (LUST) sites) retain the discretion to oversee/accept protocols for addressing petroleum vapor intrusion (“PVI”) into… Read More »

OSHA’s Silica Exposure Rule Set to Impact Hydraulic Fracturing Operations

On March 25, 2016, the Occupational Safety and Health Administration (“OSHA”) released new standards for workplace exposure to silica dust, providing the first revisions to these standards since 1971. This final rule addresses workplace exposure to respirable crystalline silica (“silica”) which is a mineral that is commonly found in everyday materials such as roads, buildings,… Read More »

Supreme Court Denies Ohio Appeal of PM2.5 Attainment Redesignation Vacatur

In 2011, the Environmental Protection Agency (“EPA”) determined that the Cincinnati-Hamilton metropolitan area in Ohio had attained national air quality standards (NAAQS) for particulate matter (PM2.5), in part based on regional cap-and trade programs. EPA redesignated the area to “attainment” status. The Sierra Club appealed the redesignation because Ohio, Indiana, and Kentucky, the three States… Read More »

Federal Agencies’ Assault the Oil and Natural Gas Industry

At a recent Congressional Call-Up organized by the Independent Petroleum Association of America (IPAA), participating company representatives were briefed by IPAA staff on key federal issues impacting the oil and natural gas industry.  The thrust of the briefing, which would be the nucleus of our comments delivered to members of Congress later that day, focused… Read More »

Don’t Do It! EPA and the Army Corps Urge the Sixth Circuit Not to Grant Petitions for En Banc Review of the Clean Water Rule

Following the Sixth Circuit’s splintered 1-1-1 ruling that it has jurisdiction to hear challenges to the Clean Water Rule, the states and related petitioners who opposed jurisdiction in the circuit court of appeals filed a petition for rehearing en banc, meaning by the entire Sixth Circuit.   See prior blog post. 

NGOs Seek to Block Pipeline Development

Last summer I published an article in this blog discussing the fact that many stakeholders were turning their focus to pipelines. With steady supplies of natural gas from the Marcellus and Utica shale plays as well as gas from gulf states and low prices expected to continue, it is not surprising that NGOs have… Read More »