On June 24, 2019, Ohio EPA issued a draft Vapor Intrusion Sampling and Evaluation Guidance (Guidance). The draft Guidance, which is intended to update the 2010 version of Ohio EPA’s Vapor Intrusion Guidance, is applicable to sites subject to CERCLA,
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 6
Ohio Court of Appeals Addresses Interplay of Oil and Gas Lease and Statutory Unitization Order
By Ilya Batikov
On June 19, 2019, Ohio’s Seventh District Court of Appeals decided a case involving the interplay of a private oil and gas lease and Ohio’s statutory unitization law. See Paczewski v. Antero Resources Corp., 18 MO 0016. When signing an…
Ohio H.B. 168 Creates Superfund-like Protections for Qualifying Purchasers of Brownfield Properties
By Ryan Elliott
The Ohio House of Representatives recently passed a bill (H.B. 168) that provides “bona fide prospective purchasers” (BFPPs) of brownfield properties with an affirmative defense against state lawsuits seeking to impose liability for the cleanup of such properties. To qualify…
Ohio Court of Appeals Rejects Sanctions Against City of Munroe Falls
By Ilya Batikov
Four years after the Supreme Court of Ohio struck down the City of Munroe Falls’ attempt to regulate oil and gas development through zoning, a lower appeals court held that the City and its law director could not sanctioned for…
President Trump Issues Energy-Related Executive Orders
By Ryan Elliott
On April 10, 2019, President Trump issued two Executive Orders (EOs) to facilitate the construction of primarily energy-related infrastructure, including pipelines. EO 13867, Issuance of Permits with respect to Facilities and Land Transportation Crossings at International Borders, was issued to…
Appellate Court Again Holds Ohio’s Marketable Title Act Applies to Fee Oil and Gas Interests
By Jay Carr
Ohio’s Seventh District Court of Appeals recently held once again that fee oil and gas interests are subject to possible extinguishment under Ohio’s Marketable Title Act (MTA). See Stalder v. Bucher, 2019-Ohio-936. In Stalder, the mineral owners advanced two…
U.S. EPA Finalizes New Owner Clean Air Act Audit Program for Oil and Natural Gas Sector
By Ryan Elliott
On March 29, 2019, U.S. EPA finalized a New Owner Clean Air Act (CAA) Audit Program for new owners of upstream oil and natural gas exploration and production facilities – i.e. well sites, tank batteries, and vapor control systems (the…
Pennsylvania Court Rules on Unfair Trade Practices as to Natural Gas Leasing
Sixth Circuit Holds Environmental Groups Lack Standing to Challenge Air Permits for NEXUS Pipeline Compressor Stations
By Ryan Elliott
On February 21, 2019, the Sixth Circuit Court of Appeals dismissed a petition for review of air permits issued by Ohio EPA for two compressor stations to be constructed along the NEXUS pipeline in Ohio. The Court dismissed the petition…
Court of Appeals Signals Ohio’s Marketable Title Act Applies to Fee Mineral Interests
By Jay Carr
Ohio’s Seventh District Court of Appeals was recently asked to analyze whether a fee oil and gas reservation can be extinguished under Ohio’s Marketable Title Act (the “MTA”). In Miller v. Mellott, 2019-Ohio-504, two different groups claimed ownership over…