On April 21, 2020, U.S. EPA and the Army Corps of Engineers published the final Navigable Waters Protection Rule amending the definition of “Waters of the United States” (the “2020 WOTUS Rule”). Under the 2020 WOTUS Rule, four categories of
Energy & Environmental Law Blog
VORYS - Helping Clients With Their Energy and Environmental Needs
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 4
USEPA Releases Draft Guidance which would allow additional construction activities in advance of obtaining a pre-construction permit
By Mac Taylor
On March 25, 2020, USEPA released draft guidance regarding its interpretation of “begin actual construction” under the regulations implementing the New Source Review (NSR) permitting program.
Those regulations provide that “[n]o new major stationary source or major modification to which…
New USEPA COVID-19 Enforcement Guidance Issued (Plus Similar State Policies Being Announced)
By Mac Taylor
As an update to our previous post regarding COVID-19 and environmental compliance, new developments at the state and federal levels continue, especially with respect to the exercise of enforcement discretion.
USEPA GUIDANCE
Summary
On March 26, 2020, USEPA issued a…
Thinking about delaying environmental compliance due to COVID-19? Think carefully!
By Mac Taylor
As businesses across the United States confront the ongoing impact of the COVID-19 pandemic, the Vorys environmental team is ready to provide counsel and guidance on a number of potential issues. As the situation continues to evolve day by day,…
Proposed Amendments to NEPA Regulations
As discussed in an earlier post, found here, the Council of Environmental Quality (“CEQ”) recently published proposed amendments to update the procedural regulations used to implement the National Environmental Policy Act (“NEPA”). The proposed amendments were published in the…
PA Supreme Court Holds the Rule of Capture Applies to Hydraulic Fracturing Operations
By Ilya Batikov
On January 22, 2020, the Supreme Court of Pennsylvania decided Briggs v. Southwestern Energy Prod. Co. The issue before the Court was whether the rule of capture applies when a developer drains oil and gas from an adjacent property by…
Supreme Court of Ohio to Determine Whether the Ohio Dormant Mineral Act Supersedes the Ohio Marketable Title Act as to Severed Oil and Gas Interests
By Jay Carr
On January 21, 2020, the Supreme Court of Ohio accepted an appeal from the Seventh District Court of Appeals’ decision in West v. Bode, Case No. 18-MO-0017. The issue accepted for review by the Court is whether, due to…
Proposed regulatory amendments published for the National Environmental Policy Act
The Council for Environmental Quality recently published proposed amendments to update the procedural regulations used to implement the National Environmental Policy Act (“NEPA”). The proposed amendments were published in the Federal Register on January 10, 2020 and can be found…
Lessor Notice is Required in Certain Circumstances to Forfeit a Lease for Breach of the Implied Covenant of Reasonable Development
By Jay Carr
In Pavsek v. Wade, 18 MO 0024, Ohio’s Seventh District Court of Appeals considered whether a lessor must serve notice upon its lessee demanding that the lessee drill additional wells on the leasehold prior to seeking a partial forfeiture of…