Environmental Law Posts
Environmental Law Posts, from members of Post & Schell’s Environmental Group, are intended to provide current updates and analysis of judicial opinions, emerging regulatory issues, and potential risks and liabilities in environmental law.
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The Commonwealth Court's Stripper Well Decision - Does it Warrant the Angst?
On March 29, 2017, the Commonwealth Court issued its decision in Snyder Brothers, Inc. v. Pennsylvania Public Utility Commission (1043 C.D. 2015). The decision appears to be a simple legal interpretation of the statutory definition of "stripper well" in a manner beneficial to Snyder Brothers and potentially generally beneficial to the unconventional natural gas industry. However, media attention and political reactions have far outstripped the Court's basic legal analysis. The decision has been cited as a harbinger of diminished impact fee revenue; as a reason to amend Act 13; and, not unexpectedly, as a justification for a new severance tax. The reactions, while not unexpected, are perhaps overstated.
PA DEP Evaluates Itself
Recently, the Pennsylvania Department of Environmental Protection (DEP) issued a press release announcing its internal review of the expedited review process for the Erosion and Sediment Control General Permit (ESCGP-2). At the same time, DEP made available an Internal Review document discussing its audit of the expedited review process.
DEP Issues New Stormwater General Permit Requirements for Industrial Activity
The Pennsylvania Department of Environmental Protection (DEP) has reissued the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Stormwater Associated with Industrial Activity (PAG-03). The reissued PAG-03 contains significant new responsibilities for permit holders including additional best management practices (BMPs) and stormwater sampling obligations that were not required under the previous version of PAG-03. Additional changes to the reissued PAG-03 involve eligibility for a General Permit; self-monitoring, reporting and recordkeeping; and site inspections.
Feds Say All Proposed Federal Actions, No Matter What Size, Should Quantify Expected Greenhouse Gas Emissions
Last week, in its latest action to combat climate change, the Obama Administration finalized guidance directing federal agencies to perform quantitative analyses of greenhouse gas emissions in connection with all actions that may impact the environment. The guidance, issued by the White House Council of Environmental Quality, sets forth procedures for federal agencies to comply with the National Environmental Policy Act as they evaluate GHG emissions associated with "proposed federal actions."
PADEP Unveils Substantial Revisions to Environmental Performance Regulations For Natural Gas Sites
On March 9, 2015, the Pennsylvania Department of Environmental Protection (PADEP) released its long-awaited revised rulemaking to overhaul and substantially revise the Chapter 78 regulations pertaining to unconventional oil and gas well sites.
NJDEP Undertakes Storage Tank Review
The New Jersey Department of Environmental Protection (NJDEP) recently initiated an internal records review to identify underground storage tanks (USTs) that do not comply with current federal and state regulatory standards.