Law and the Environment

Poll Shows Slight Edge of Support by New Yorkers of Hydraulic Fracturing and Shale Gas Development

With all of the attacks on hydraulic fracturing heard in the news, and the recent proposal for potentially strict rules on hydraulic fracturing and shale gas drilling in New York, a recent poll shows a slight edge for support of shale gas development in New York.

The poll as reported by Reuters indicates 47% of those polled support shale gas development that uses hydraulic fracturing to complete the gas wells.  Those opposed to the process were at 42%.  The slight edge to support comes after sigificant criticism by the New York times and a temorary moratorium imposed the by state government. 

Recent announcements of planned regulation by the New York Department of Environmental Conservation.  Tne NYDEC plans to allow hydraulic fracturing, but with significant limitations. Hydraulic fracturing would not be permitted in watersheds that supply drinking water to the City of New York or the City of Syracuse. It would also be prohibited over primary aquifers and on state-owned lands.  Regulations governing the drilling where permitted may be fairly strict.

The support by a significant portion of the public may help in the argument for reasonable regulation of what is such a huge energy resource for the country and the State of New York.

 

 

Pace University Seeking to Fill Environmental Positions

Pace University School of Law is seeking to fill one position, titled, Assistant Dean of Environmental Programs and Professor of Law for Designated Project or Service (Assistant Dean) for its nationally ranked Center for Environmental Legal Studies (CELS).  This non-tenure track position offers the opportunity to direct one of the nation’s top Environmental Law Programs.  The Assistant Dean reports to the Vice Dean for Academic Affairs, and will be responsible for the overall management and administration of the Center.

 Working in conjunction with the environmental faculty, the Assistant Dean helps establish the overall direction for the Environmental Law Program and is responsible for developing new programs and projects and managing and coordinating the day-to-day undertakings of the Center.  Those responsibilities include organizing lectures, colloquia and our National Environmental Moot Court Competition, as well as coordinating programs with the Environmental Litigation Clinic, Pace Land Use Law Center, Pace Center for Climate and Energy Law, Brazil-American Institute for Law and Environment (BAILE), and Pace’s Public Interest Law Center.  The Assistant Dean also teaches in the program.  

The ideal candidate enjoys creating and maintaining partnerships and relationships with other law schools and educational institutions, bar and professional associations, governmental agencies, civic and community associations and the private sector.   We seek candidates with excellent administrative and management skills, in-depth knowledge of environmental law and the environmental legal community, and familiarity with academic institutions.  All applicants should have a J.D. degree.   Extensive legal and/or teaching experience in the area is a strong plus.

Pace is committed to achieving equal opportunity in all aspects of University life.  Applications are encouraged from people of color, gays and transgendered individuals, individuals who are differently-abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of our school.

Salaries and benefits, including domestic partner benefits, are commensurate with experience and performance.  

 Pace University School of Law is located in suburban White Plains, New York, in Westchester County, approximately 15 miles north of New York City.  Pace’s reputation and strong financial aid and scholarship program attract extremely talented students from diverse backgrounds, from thirty-four states, and more than 15 countries.  The Law School’s primary commitment is to providing its students with the skills, knowledge, and values necessary to be effective and ethical lawyers as well as community leaders.  We offer the resources of a private, nationally-ranked university, tuition waivers for family members and an attractive benefits and compensation package.

You may send a resume and references to:

 Professor Leslie Yalof Garfield

Chair, Search Committee

Pace University School of Law

78 North Broadway

White Plains, N.Y. 10603

e-mail:  lgarfield@law.pace.edu

EPA Region 6 Reportedly Reached First Agreement with Company Holding a Disputed Texas Permit

Region 6 of the US Environmental Protection Agency (EPA) reportedly reached agreement with Flint Hills Resources' East Corpus Christi refinery owned by a subsidiary of  Koch Industries Inc.  The details of the arrangement were not known.  A series of companies are fighting the EPA approach, but some companies are seeking resolution of the uncertainty brought on by EPA challenging the flexible permits issued by the Texas Commission on Environmental Quality.

Webinar: EPA Greenhouse Gas Regulations--Clash with Texas

TexasBarCLE Presents:
EPA Greenhouse Gas Regulation: Clash with Texas
Approved for State Bar College Credit and Texas Board of Legal Specialization Credit in Administrative, Oil Gas & Mineral Law. 
Live Via Webcast or Phone Seminar!

Tuesday, October 19
10:00 a.m. to 11:30 a.m.
1.5 hours MCLE credit
MCLE# 901209501
Registration Fee: $115

Congress has not passed climate change legislation, and passage in the near term seems unlikely. EPA, however, has moved ahead with issuing regulations governing greenhouse gas regulations under the federal Clean Air Act. EPA plans to implement those regulations in states that are unable or unwilling to implement them under their delegated Clean Air Act programs. The largest emitter of greenhouse gases, the State of Texas, has sent a letter to EPA refusing to implement greenhouse gas emission regulations. This program will explore the federal greenhouse gas regulations and how EPA may implement them in Texas.

Speakers:
Mr. Scott D. Deatherage, Dallas
Patton Boggs L.L.P.

Ms. Stephanie Bergeron, Austin
Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality

Register

 

EPA Continues Rejection of Texas Clean Air Act Permitting Programs

The US Environmental Protection Agency continues to disprove of the air emissions permitting program established by the State of Texas under the federal Clean Air Act.  On September 15, 2010, the EPA disapproved the Texas Major and Minor New Source Review programs. 

EPA is disapproving the Major Nonattainment NSR SIP requirements for implementation of the 1997 8-hour ozone national ambient air quality standard (NAAQS) and the 1-hour ozone NAAQS. EPA is disapproving the submitted Standard Permit (SP) for Pollution Control Projects (PCP) because EPA concluded that it does not meet the requirements of the CAA for a minor NSR Standard Permit program.

EPA is also disapproving a submitted severable definition of best available control technology (BACT) that is used by TCEQ in its Minor NSR SIP permitting program.  EPA is not addressing the submitted
revisions concerning the Texas Major PSD NSR SIP, which the agency says will be addressed in a separate action.

The State of Texas has sued EPA over its prior actions disapproving of permitting programs.  The Sierra Club has filed suit to force EPA to address certain permitting actions it alleges are inconsisent with the Clean Air Act.

PATTON BOGGS ADDS TOP ENVIRONMENTAL LAWYER

 

 

Dallas, August 24, 2010—Scott Deatherage is joining Patton Boggs LLP, strengthening the firm’s ability to advise clients on a growing array of environmental, climate change and renewable energy issues.

Mr. Deatherage, a well known environmental attorney, joins the firm’s Dallas office as a partner from Thompson & Knight LLP where he led the firm’s climate change and renewable energy practice group.

At Patton Boggs, Mr. Deatherage plans to help corporate clients navigate a host of impending environmental regulations, climate change and greenhouse gas regulation, renewable energy and the carbon trading markets.

 “Scott boosts our environmental practice with his keen understanding of ever evolving regulations from Washington and how those rules impact businesses,” said Michelle Suarez, managing partner of the firm’s Dallas office. “We are delighted to have such a talented and experienced environmental attorney join our ranks.”

Selected as the Dallas Environmental Lawyer of the Year this year by The Best Lawyers in America, Mr. Deatherage’s practice includes permitting, compliance, administrative law and judicial litigation on a variety of environmental issues including, air emissions, wastewater discharges, hazardous waste, hazardous substances and toxic substances. He has extensive experience representing clients in federal and state courts as well as before local, state and federal environmental agencies.

Mr. Deatherage writes Law and the Environment and the New Carbon Cycle, blogs that address developments affecting environmental law, climate change regulation, carbon credits and renewable energy.

“This is an exciting opportunity to leverage Patton Boggs’ in-depth knowledge of Washington to assist corporate clients in addressing a host of impending environmental regulations, developing climate change and greenhouse gas regulations, and the opportunities in renewable energy and energy efficiency,” said Mr. Deatherage, who earned his law degree in 1987 from Harvard Law School.

EPA Disapproves the Texas Flexible Air Permit Program

EPA issued the following press release regarding disapproving the Texas Flexible Air Permit Program:

(Dallas, Texas – June 30, 2010) Today, EPA announced final disapproval of the flexible permit program that the Texas Commission on Environmental Quality (TCEQ) had submitted for inclusion in its clean-air implementation plan. EPA has determined that this program does not meet several national Clean Air Act requirements that help to assure the protection of health and the environment. 

EPA is disapproving the permit program after determining that it allows companies to avoid certain federal clean air requirements by lumping emissions from multiple units under a single “cap” rather than setting specific emission limits for individual pollution sources at their plants.

“Today’s action improves our ability to provide the citizens of Texas with the same healthy-air protections that are provided for citizens in all other states under the Clean Air Act,” said Al Armendariz, Regional Administrator.  “EPA will continue working closely with Texas, industry, environmental organizations, and community leaders to assure an effective and legal air permitting system.”

The Clean Air Act ensures that businesses across the country operate efficiently and cleanly to safeguard public health from harmful levels of air pollution. Under the Act, all states must develop State Implementation Plans for meeting federal requirements to protect public health.  Those plans must include an air permitting program to set pollution levels for industrial facilities. In 1992, EPA approved Texas’ State Implementation Plan but since 1994 the state has submitted over 30 regulatory changes to the air pollution permitting part of the plan.  Today’s action represents a final EPA decision to disallow one of the most important changes made by Texas for failing to  meet the protective measures of the Clean Air Act.

In September 2009, EPA proposed to disapprove the state's flexible permits program and invited public comment. EPA has carefully reviewed comments and decided to finalize its proposed disapproval of the program.

To insure no disruptions for facilities, EPA has reached out to industry, the environmental community and TCEQ to discuss how to convert flexible permits into more detailed permits that comply with the Clean Air Act. One tool proposed by EPA is encouraging flexible permit holders to participate in a voluntary compliance audit program. The program will expedite efforts to identify emission limits, operating requirements and monitoring, reporting and recordkeeping data. Public comment on the proposed audit program closes on July 2, 2010.

On June 16, 2010, the TCEQ approved proposed revisions to the state’s flexible permit rules. The public comment period on the rules package opens on July 2, 2010 and runs through August 2, 2010. The state must then finalize its proposal and submit it to EPA for review. EPA will examine the new rules when submitted but believes that public health and federal law require disapproval of the existing program without further delay.

GAO Identifies Vapor Intrusion as Issue EPA Should Consider in Listing Superfund Sites

The General Accounting Office has noted in a report that EPA should consider vapor intrusion in evaluating the listing of federal Superfund sites.  The report is entitled Superfund: EPA's Costs to Remediate Existing and Future Sites.  EPA representatives reportedly told GAO representatives that 23 more sites would be listed if EPA considered vapor intrusion risks in their listing criteria.