On November 29,2019, U.S. EPA issued a final rule redesignating the Ohio portion of the Stubenville Ohio-West Virginia nonattainment area from nonattainment to attainment of the 2010 SO2 National Ambient Air Quality Standards (NAAQS), pursuant to section 107(d)(3)(E) of the
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 5
New USEPA Title V and NSR Guidance: “Adjacent” does actually mean “Adjacent”
By Mac Taylor
On November 26, 2019, USEPA published a guidance memorandum “Interpreting ‘Adjacent’ for New Source Review and Title V Source Determinations in All Industries Other Than Oil and Gas” (the November 26 Guidance). In the November 26 Guidance, USEPA updated its…
Supreme Court of Ohio Holds 21-Year Statute of Limitations Applies to Stale Lease Expiration Claims
By Ilya Batikov
On November 26, 2019, the Supreme Court of Ohio clarified that a declaratory judgment claim that an oil and gas lease terminated for lack of production is subject to the 21-year statute of limitations for recovery of title to or…
The Supreme Court of Ohio To Address Due Diligence Under ODMA
By Ilya Batikov
In July, we wrote about Gerrity v. Chervenak (5th Dist., Guernsey County), involving the level of due diligence that the Ohio Dormant Mineral Act requires surface owners to use when notifying mineral holders of abandonment proceedings. On October 15,…
Court Reaffirms Ohio’s Marketable Title Act and Dormant Mineral Act are not in Conflict
By Jay Carr
The Seventh District Court of Appeals reaffirmed that claimants can use both Ohio’s Marketable Title Act (“MTA”) and Dormant Mineral Act (“DMA”) to extinguish and abandon, respectively, mineral interests. In West v. Bode, 2019-Ohio-4092, the appellant-surface owners attempted to extinguish a…
USGS: Big Increase in Undiscovered Marcellus and Utica Gas
By Ilya Batikov
The Marcellus and Utica Shales contain around 214 tcf of undiscovered, technically recoverable natural gas, according to a new U.S. Geological Survey (USGS) assessment. “This is a significant increase from the previous USGS assessments of both formations. In 2011, the…
U.S. EPA Proposes Amendments to NSPS Rules for Oil and Gas Industry
By Ryan Elliott
On September 24, 2019, U.S. EPA proposed amendments to the 2012 and 2016 New Source Performance Standards for the Oil and Natural Gas Industry under 40 CFR Part 60, Subparts OOOO and OOOOa. For details regarding U.S EPA’s proposed amendments…
Update for Ohio’s Oil and Gas Land Professionals
By Jay Carr
The Division of Real Estate & Professional Licensing issued new guidance for Ohio’s Oil and Gas Land Professionals (“Land Professionals”). First, the Division updated its Land Professional Disclosure Form. Ohio law requires Land Professionals to provide this disclosure form to…
Ohio’s 5th Appellate District Addresses the Due Diligence Standard Under the Dormant Mineral Act
By Jay Carr
The Fifth Appellate District recently addressed whether an internet search to identify / locate the holders of severed mineral interests is always required under Ohio’s Dormant Mineral Act (“ODMA”). See, Gerrity v. Chervenak, 2019-Ohio-2687. In 1965, Jane Richards obtained…
USEPA Proposes to Redesignate Columbus Area in Attainment of 2015 Ozone NAAQS
By Ryan Elliott
On July 3, 2019, USEPA issued a proposed rule finding the Columbus, Ohio area is attaining the 2015 ozone National Ambient Air Quality Standard (NAAQS). The Columbus area is currently designated as nonattainment for the 2015 ozone NAAQS. However, in…