The Energy Law

AUGUST 24, 2012

By Stephen W. Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). EPA issued CSAPR in August 2011 pursuant to Sec. 110(a)(2)(D)(i)(I) of the Clean Air Act (the “good neighbor” provision) which requires that State Implementation Plans contain adequate provisions to prevent a state’s emissions from affecting another state’s air quality.

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The Energy Law

AUGUST 21, 2012

By Carlos J. Moreno On August 13, 2012, the United States Court of Appeals for the Fifth Circuit vacated the Environmental Protection Agency’s (“EPA”) disapproval of revisions to the Texas State Implementation Plan (“SIP”) dealing with the state’s Flexible Permits program. State of Texas v. U.S. Environmental Protection Agency , No. 10-60614 (5 th Cir.

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The Energy Law

AUGUST 20, 2012

By Robert E. Holden and Carlos J. Moreno On August 16, 2012, EPA published a new rule that revises the NESHAP Subpart HH standards for the oil and gas industry. 77 Fed. Reg. 159 (Aug. 16, 2012). The Final Rule wassigned on April 17, 2012, but publication in the Federal Register did not occur until August 16, 2012, making the rule effective on October 15, 2012.

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The Energy Law

AUGUST 16, 2012

By Lesley Foxhall Pietras On August 7, 2012, in a 2-1 decision in Summit Petroleum Corp. v. U.S. Environmental Protection Agency , the United States Court of Appeals for the Sixth Circuit vacated the Environmental Protection Agency’s (EPA) determination that a natural gas sweetening plant and sour gas production wells commonly owned by Summit Petroleum Corporation (Summit) but dispersed over forty-three square miles constituted a single stationary source under the Clean Air Act Title V permittin

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