On February 14, 2019, U.S. EPA issued a comprehensive Action Plan for addressing Per- and Polyfluoroalkyl Substances (PFAS) in environmental media. The Action Plan, which was developed in response to significant public input received by EPA over the past year,
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 7
Sixth Circuit Affirms Constitutionality of Ohio’s Statutory Unitization Procedures
By Ilya Batikov
Last week, the Sixth Circuit Court of Appeals affirmed a lower court decision upholding the constitutionality of Ohio’s statutory unitization procedures. See Kerns v. Chesapeake Exploration, L.L.C., 6th Cir. No. 18-3636 (Feb. 4, 2019). Read more about that decision in our Client…
Supreme Court of Ohio Clarifies Ohio Marketable Title Act
By Ilya Batikov & Jay Carr
On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA). See Blackstone v. Moore, Slip Opinion No. 2018-Ohio-4959. In its decision, the Court held that under the OMTA, a deed reference…
USEPA and Army Corps Propose New WOTUS Rule
By Ryan Elliott
On December 11, 2018, USEPA and the Army Corps of Engineers proposed a new rule defining “water of the United States” (WOTUS) subject to USEPA/Army Corps jurisdiction under the Clean Water Act. The proposed rule would replace the 2015 WOTUS…
Court of Appeals Addresses the Amount of Diligence Required under the 2006 DMA
By Jay Carr
Earlier this week, Ohio’s 7th District Court of Appeals again addressed the amount of diligence required to identify the holders of severed mineral interests under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Sharp v. Miller,…
USEPA Proposes Revision to Policy on Ambient Air Exclusion
By Ryan Elliott
U.S EPA recently issued a draft guidance document titled Revised Policy on Exclusions from “Ambient Air” (Draft Guidance) in which the Agency revises its 1980 policy on the exclusion of certain areas from the scope of “ambient air” under the…
USEPA Concludes Reconsideration of 2009 NSR Project Aggregation Interpretation
By Mac Taylor
On November 7, 2018, USEPA concluded its reconsideration (“2018 Reconsideration Action”) of a January 15, 2009 interpretation regarding NSR project aggregation (the “2009 NSR Aggregation Action”). See 74 Fed.Reg. 2376 et seq. The 2009 Aggregation Action never became effective in…
U.S. EPA Proposes Amendments to Performance Standards for Oil and Natural Gas Sector
By Ryan Elliott
On October 15, 2018, USEPA proposed amendments to the new source performance standards (NSPS) for the oil and natural gas sector at 40 CFR Part 60, Subpart OOOOa (“Subpart OOOOa”). The proposed amendments to Subpart OOOOa are a result of…
5th Circuit Holds Statute of Limitations Does Not Apply to Government’s Injunctive Relief Claim for Clean Air Act Preconstruction Permit Violation
By Ryan Elliott
On October 1, 2018, the 5th Circuit Court of Appeals upheld the dismissal of claims for civil penalties for violations of the Clean Air Act’s (“CAA”) major source Preconstruction permit requirement (CAA § 165(a); 42 U.S.C. § 7475(a)) because the…
Ohio Supreme Court Continues to Address Community Bill of Rights Cases
On September 21, 2018, the Ohio Supreme Court held in State ex rel. Twitchell et al. v. Saferin et al., that the Lucas County Board of Elections (BOE) did not abuse its discretion in denying a writ of mandamus to…