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Category Archives: State Regulation

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One Step Forward, One Step Back – NY Moves Forward on Its Environmental Self-Audit Policy as EPA Looks to Retreat

By Adam Silverman on Posted in Energy, Environment, Federal Regulation, Policy, State Regulation

New York’s Department of Environmental Conservation (DEC) recently proposed an environmental “audit incentive” policy, which is similar to the United States’ Environmental Protection Agency’s (EPA) long standing self-audit policy. In its draft policy, DEC encourages participation by waiving or reducing penalties for environmental violations that regulated entities discover through an environmental audit, and expeditiously report… Continue Reading

Carbon Claustrophobia — Significant Changes Coming to the Regional Greenhouse Gas Initiatives Cap and Trade Program

By Adam Silverman on Posted in Carbon Credits, Climate Change, Energy, Environment, Policy, State Regulation

The New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Energy Research and Development Authority (NYSERDA), is currently accepting public comments on several proposed changes to the DEC’s regulations governing New York’s participation in the Regional Greenhouse Gas Initiative (RGGI). DEC’s proposed changes, which are based on updates to… Continue Reading

EPA & Florida Reach Agreement on Disputed Nutrient Standards for Florida’s Waterways

By Kerri Barsh on Posted in Environment, Florida, Policy, State Regulation

On Friday, March 15, 2013, the Florida Department of Environmental Protection (DEP) announced an Agreement in Principle with the U.S.  Environmental Protection Agency on the new criteria for Florida’s waters that would limit nitrogen and phosphorus, two nutrients commonly blamed for algae blooms and other water quality problems.  The EPA Agreement in Principle is intended to resolve a lengthy and contentious dispute between EPA and environmental advocacy groups… Continue Reading

Governmental Cost Recovery Under the Pennsylvania Solid Waste Management Act

By David Mandelbaum on Posted in Court Cases, Environment, State Regulation

Section 613 of the Pennsylvania Solid Waste Management Act (“SWMA”), Pa. Stat. Ann. tit. 35, § 6018.613, allows the Commonwealth or any municipality to recover the “costs of abatement” of “a public nuisance” under SWMA from a person who “causes a public nuisance” if the plaintiff government has in fact abated the nuisance.  This provision… Continue Reading

Litigation Over Groundwater Impacts of Natural Gas Wells in Pennsylvania

By David Mandelbaum on Posted in Court Cases, Mass Torts, Oil & Gas, State Regulation

Pennsylvania has been making news recently for being friendly to natural gas development, or at least more friendly than New York.  However, examination of recent decisions suggests that the courts may be a little more plaintiff-friendly than, for example, the current administration.  I look at some litigation issues arising from natural gas development in my… Continue Reading

Natural Gas and Zoning Preemption in Pennsylvania

By David Mandelbaum on Posted in Court Cases, Energy, Environment, Oil & Gas, State Regulation

The Commonwealth Court, one of Pennsylvania’s two intermediate appellate courts, invalidated provisions of the Oil and Gas Act Amendments of 2012 (“Act 13″) intended to limit local regulation of natural gas development, particularly development of the Marcellus Shale.  The court issued its opinion in Robinson Township v. Public Utility Comm’n, No. 284 M.D. 2012, on… Continue Reading

Florida Businesses and Industries to Benefit From 2012 Energy Policy, Environmental & Growth Management Legislation

By David Mandelbaum on Posted in State Regulation

from Reggie L. Bouthillier, Kenneth Metcalf*, Maribel N. Nicholson-Choice, and Todd Sumner of GT Tallahassee
The 2012 Florida Legislative Session focused on the redistricting process and passage of the State budget. Despite these challenging priorities, the Legislature passed several bills addressing energy policy, environmental regulation and growth management that are intended to benefit businesses and industries throughout Florida.

Green Chemistry Rulemaking Renewed

By Caleb Holmes on Posted in State Regulation

The Director of California’s Department of Toxic Substance Control, Debbie Raphael, has set mid-October as the target date for draft regulations implementing California’s Green Chemistry Law, with final regulations set to be in place by the end of 2011.

Marcellus Shale Moratorium in New York, But Only Until May

By David Mandelbaum on Posted in Energy, Oil & Gas, State Regulation

   On November 29, the New York Assembly passed A1143B/S08129B which had previously passed the Senate.  Governor Paterson is reported to be prepared to sign the bill, although the New York Times blog reports that industry groups are still pushing for a veto.  The bill, if signed, would impose a moratorium on new permits for natural gas wells that… Continue Reading