In a recent mandamus action, the Supreme Court of Ohio had the opportunity to construe Ohio’s saltwater injection well permitting scheme. See State ex rel. Omni Energy Group, L.L.C. v. Ohio Dept. of Natural Resources, Div. of Oil & Gas
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Registration Renewal Update for Ohio’s Land Professionals
The Ohio Department of Commerce, Division of Real Estate & Professional Licensing (the “Division”), recently informed Ohio’s “land professionals” (i.e., oil and gas landmen registered with the Division) that their current registrations remain valid until July 1, 2021 pursuant to…
U.S EPA Publishes Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of HAPs
This post is an update to our October 2, 2020 blog post regarding U.S EPA’s final rule overturning U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants. Notably, the final rule was published in the…
Upcoming Deadline for Renewal of Ohio Land Professional Registrations
The Ohio Department of Commerce, Division of Real Estate & Professional Licensing, recently reached out to Ohio’s “land professionals” (i.e., oil and gas landmen registered with the Division) concerning the renewal of their registrations. Pursuant to House Bill 197, land…
Supreme Court of Ohio Accepts Appeals from Fifth and Seventh District Courts of Appeals in Oil and Gas Title Cases
On September 29, 2020, the Supreme Court of Ohio accepted appeals from the Fifth District Court of Appeals’ decisions in Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3042, and Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3043, as well as…
U.S. EPA Issues Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of Hazardous Air Pollutants
This post provides an important update to our January 2018 Client Alert regarding U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants (HAPs). On October 1, 2020, U.S. EPA issued a final rule amending the…
Supreme Court of Ohio Sides with Injection-Well Operator in Takings Case
On September 23, 2020, the Supreme Court of Ohio ruled that fact issues prevented a lower court from granting summary judgment to the State of Ohio on a takings claim involving the indefinite suspension of a Trumbull County injection well. See…
D.C Circuit Court Stay’s U.S. EPA’s Amendments to New Source Performance Standards for Oil/Gas Industry
This post provides important updates to our August 17, 2020 post regarding U.S. EPA’s amendments to the 2012 and 2016 New Source Performance Standards (NSPS) for the Oil and Natural Gas Industry (40 CFR 60, Subpart OOOO and 40 CFR…
The End of COVID-19 Noncompliance Protections
This post updates an earlier post outlining the USEPA’s and Ohio EPA’s COVID-19 enforcement policies.
USEPA
USEPA’s general policy to not seek penalties for compliance monitoring and reporting violations ended this week on August 31, 2020. Violations that occur on…
Supreme Court of Ohio to Hear DMA Case
The Supreme Court of Ohio accepted a case involving the Ohio Dormant Mineral Act (ODMA), Fonzi v. Brown, but held the case until the Court decides Gerrity v. Chervenak.
In Fonzi, the Court will consider issues over the extent…