For more information about our firm, please visit www.bdlaw.com .
On August 13, in a long awaited decision, the U.S. Court of Appeals for the Fifth Circuit vacated the EPA’s disapproval of the Texas Flexible Permit Program, holding that the Agency’s decision was based "on demands for language and program features of the EPA’s choosing, without basis in the Clean Air Act or its implementing regulations."
With the State of Texas as a leading governmental petitioner in the case, Texas Attorney General Greg Abbott and the Texas Commission on Environmental Quality commissioners quickly praised the August 21, 2012 decision of the U.S. Court of Appeals for the District of Columbia Circuit to vacate the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule ( EME Homer City Generation LP v. EPA , D.C. Cir., No. 1101302, 8/21/12).
EPA Headquarters formally announced through an August Enforcement Alert the latest evolution in its longstanding Flaring Enforcement Initiative: flaring efficiency violations.
On August 7, 2012, the U.S. Court of Appeals for the Sixth Circuit issued a decision vacating a U.S. Environmental Protection Agency Clean Air Act Title V determination that a natural sweetening plant and sour gas production wells located in a 43 square mile area constitute a single stationary source under EPA’s Title V permitting program, remanding the case to EPA for reassessment ( Summit Petroleum Corp. v. EPA , Nos. 09-4348; 10-4572 (6th Cir. Aug. 7, 2012).
In an opinion handed down on July 30, 2012, the U.S. Court of Appeals for the Fifth Circuit denied petitions for review of the U.S. Environmental Protection Agency’s final rule partially approving and partially disapproving a revision to Texas State Implementation Plan that created an affirmative defense against civil penalties for excess emissions during both planned and unplanned startup, shutdown, and maintenance events.
On August 16, the Federal Register published the revised New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants for onshore gas processing plants and various other stages of oil and gas production that were signed by EPA Administrator Lisa Jackson on April 17, 2012.
On August 1, the Dallas City Council held a briefing regarding hydraulic fracturing and natural gas development in the Barnett Shale, which underlies the city.
As reported in our July 2012 issue, the U.S. Environmental Protection Agency recently entered into a consent decree with the Sierra Club in which it agreed to take actions to approve, disapprove, or partially approve various portions of Texas’ State Implementation Plan for the Houston-Galveston-Brazoria and Dallas-Fort Worth eight-hour ozone nonattainment areas.
TCEQ is accepting applications for the 2013 Texas Environmental Excellence Awards. Apply online through October 5, 2012 at http://www.teea.org/
TCEQ announcements for enforcement orders adopted in August can be found on the TCEQ website at http://www.tceq.texas.gov/news/releases/8-12agendfa8-8 and http://www.tceq.texas.gov/news/releases/8-12Agenda8-22 .
For information on recent TCEQ rule developments, please see the TCEQ website at http://www.tceq.state.tx.us/rules/whatsnew.html .
On August 22, 2012, the Securities and Exchange Commission approved (by a 3-2 vote) the final rule on "conflict minerals."
The purpose of this update is to provide current information on Texas environmental regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances. This communication may be considered advertising under applicable laws regarding electronic communications.
Copyright 2013 Beveridge & Diamond, P.C. All rights reserved.