On August 13, 2020, U.S. EPA issued two final rules amending the 2012 and 2016 New Source Performance Standards (NSPS) for the Oil and Natural Gas Industry. The first rule makes policy amendments to the 2012 NSPS, 40 CFR Part
Energy & Environmental Law Blog
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The Energy & Environmental Law Blog, published by Vorys, Sater, Seymour and Pease LLP, focuses on legal developments and regulatory issues related to energy production, environmental compliance, and natural resource management. Topics include Clean Water Act regulations, state and federal environmental agency rule changes, air quality standards, water quality certifications, and litigation involving mineral rights and oil and gas interests. The blog covers regulatory impacts on industries such as oil and gas, renewable energy, manufacturing, and utilities, with attention to administrative rule proposals, court decisions, and enforcement actions affecting environmental and energy law practice.
Latest from Energy & Environmental Law Blog - Page 3
Court of Appeals Again Addresses the Level of Due Diligence Required under the Ohio Dormant Mineral Act
By Jay Carr & Mark Hylton
On June 1, 2020, the Seventh District Court of Appeals once again addressed the level of diligence required to identify holders of a severed mineral interest under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Fonzi v. …
U.S. Supreme Court Stays Injunction Barring Use of Nationwide Permit 12
By Ryan Elliott
On July 6, 2020, the U.S. Supreme Court issued an Order partially granting a motion to stay a Montana District Court’s injunction barring the use of the Army Corps’ streamlined Nationwide Permit 12 (NWP 12) governing pipeline and other utility…
Ohio’s New Brownfield Regulatory Reform Legislation
By Mac Taylor
On June 16, 2020, Governor DeWine signed House Bill 168 into law. The bill is designed to encourage brownfield redevelopment and reinvestment in the State of Ohio by enhancing liability protection to brownfield purchasers.
Predominantly, the bill adopts from federal…
U.S. EPA Proposes Rule Governing Cost Benefit Analysis for Significant CAA Regulations
By Ryan Elliott
On June 4, 2020, U.S. EPA proposed a rule to improve the consistency and transparency of benefit cost analyses (BCAs) for all “significant” proposed and final regulations under the Clean Air Act (CAA). The proposed rule, developed in response to…
U.S. EPA Finalizes Amendments to Rules Governing CWA 401 Water Quality Certification Process
By Ryan Elliott
On June 1, 2020, U.S. EPA finalized amendments to the rules governing the Clean Water Act (CWA) Section 401 water quality certification (WQC) process, which had not been updated since 1971. The final amendments establish a more robust framework for…
Sixth Circuit Rules for Producer in Royalty Dispute
By Ilya Batikov
On May 21, 2020, the Sixth Circuit Court of Appeals ruled for a lessee in an oil and gas lease dispute, finding that the lessee properly considered post-production costs when calculating the landowners’ royalties. See Henceroth v. Chesapeake Exploration, LLC,…
Ohio Appellate Court Holds that Words of Inheritance are Required to Reserve Oil and Gas Interests
By Jay Carr
Recently, in Peppertree Farms v. Thonen, 2020-Ohio-3043, Ohio’s Fifth Appellate District considered whether certain ancient royalty and fee oil and gas reservations terminated upon the grantor’s death. The Court held that they did because the grantors failed to include words…
Update Regarding Ohio Land Professional Registrations
By Jay Carr
The Ohio Department of Commerce, Division of Real Estate & Professional Licensing, recently reached out to Ohio’s “land professionals” (i.e., oil and gas landman registered with the Division) concerning renewing their registerations. Ohio law requires land professionals to renew their…
U.S. Supreme Court: Indirect Discharge Into Groundwater Covered Under Clean Water Act
By Ryan Elliott
On April 23, 2020, the U.S. Supreme Court, in a 6-3 decision, held that a permit is required for either “a direct discharge of pollutants from a point source into federally regulated navigable waters, or when there is the…