On December 28, 2023, the United States Environmental Protection Agency (“EPA”) signed a final rule delegating primacy over the issuance and enforcement of permits for Class VI Underground Injection Control (“UIC”) wells under the Safe Drinking Water Act to the Louisiana Department of Natural Resources (“LDNR”).[1] This decision came after a lengthy review process
Climate Change / GHG
Carrots, Sticks Abound in Inflation Reduction Act
For traditional manufacturers, the Inflation Reduction Act of 2022 (IRA) offers a mixed bag of carrots and sticks to support its green energy goals.
Signed by President Biden on Aug. 16, 2022, the bill includes numerous tax credits and other incentives promoting clean energy investment. One of the IRA’s stated purposes is to incentivize and…
Ashes to Ashes, Dust to Dust, Could Carbon Capture Save the Climate Bust?
Originally published in the Ark-La-Tex Association of Professional Landmen Register
Carbon capture and storage (“CCS”) is the process of capturing carbon dioxide emissions from large point sources, and then transporting it to a storage location for deposit in underground formations where it will not re-enter the atmosphere. By returning CO2 emissions that resulted from the…
Sequestering of Greenhouse Gases: California Is Considering a Legal Process (How Does That Affect the Rest of Us?)
New projects require air permits and projects at major stationary sources that will emit (or increase) a significant amount of a regulated NSR pollutant, must conduct a control technology review. In order to receive a permit, the applicant must determine the level of control considered Best Available Control Technology (“BACT”) and the permit issuing authority…
EPA Not Likely to Revise Primary National Ambient Air Quality Standard for Nitrogen Dioxide
EPA is required by Section 109(d) the Clean Air Act to review the adequacy of each National Ambient Air Quality Standard (“NAAQS”) every five years to determine if new scientific evidence justifies a change to the standard. The current primary[i] NAAQS for nitrogen dioxide (“NO2”) is 53 ppb annual mean and 100 ppb NO2 as…
Effective Immediately, EPA Withdraws Information Collection Request for Methane Emissions from Existing Oil & Gas Sources
On March 2, 2017, the EPA withdrew its information collection request (ICR) regarding methane emissions from existing oil and gas facilities. EPA finalized and issued the underlying ICR on November 10, 2016. Since that time, EPA sent letters to thousands of owners and operators in the oil and gas industry, requiring them to complete surveys…
EPA Poised to Begin Collecting Methane Data from Existing Oil & Gas Facilities
The Environmental Protection Agency (EPA) announced in March that it is in the process of developing new regulations to curb methane emissions from existing oil and gas facilities. The EPA will formally require companies operating existing oil and gas sources to provide information to assist in the development of comprehensive regulations to reduce methane emissions. …
Court Rules Clean Power Plan Implementation Can Continue
President Obama’s centerpiece of his climate policy agenda, the “Clean Power Plan,” has become one of the most heavily litigated environmental regulations ever. Twenty-seven states and numerous industry groups have filed more than fifteen separate lawsuits challenging the Environmental Protection Agency’s (“EPA”) statutory authority to promulgate the regulations. Seventeen states, the District of Columbia, the…
EPA Announces Proposed Rule to Amend National Emission Standards for Petroleum Refineries
On May 15, 2014, the Environmental Protection Agency (“EPA”) announced that it intended to publish a proposed rule to amend the national emission standards governing petroleum refineries. [1] The emission standards impacted by this proposed rulemaking are:
- National Emission Standards for Hazardous Air Pollutants (“NESHAP”) from Petroleum Refineries (40 CFR part 63, subpart CC) (Refinery
…
Louisiana Department of Environmental Quality Declines to Regulate Carbon Dioxide Emissions
On July 28, 2011, the Louisiana Department of Environmental Quality (LDEQ) denied a petition for the adoption of a rule to regulate fossil fuel carbon dioxide (CO2) emissions and to establish an effective emissions reduction strategy that will achieve a concentration of 350 parts per million (ppm) atmospheric CO2 by the year 2100. The petition was filed on May 4, 2011, by Kezia Kamenetz, of New Orleans, and Kids vs Global Warming, a non-profit organization formed in Oak View, California.
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