Yelling At The Rain: Why Pennsylvania’s Natural Gas Industry Has Nothing To Fear From A Norse Energy Outcome in Robinson Township v. Commonwealth

By: Brendan O’Regan, Associate On October 10, 2013, Norse Energy Corp. ASA, and its parent, Norse Energy Holdings, Inc., announced their conversions to Chapter 7 bankruptcy liquidations.[1] Norse Energy’s operations were concentrated on hydraulic fracturing of the Utica Shale (i.e., “fracking” of natural gas resources).[2] Though Norse Energy’s bankruptcy statement was limited to a few… Continue reading Yelling At The Rain: Why Pennsylvania’s Natural Gas Industry Has Nothing To Fear From A Norse Energy Outcome in Robinson Township v. Commonwealth

The Coosa River Hydroelectric Project: FERC’s Failure to Address Hydropower’s Impact on Rivers Through the FERC Relicensing Process

By: Whitney Fleshman, Associate Because climate change is one of the major environmental issues of the day, alternative energy (such as hydropower) will be integral to providing future energy needs. Though alternative energy may spare the air from greenhouse gas emissions, alternative energy sources can come with their own set of environmental impacts.[1] Dams that… Continue reading The Coosa River Hydroelectric Project: FERC’s Failure to Address Hydropower’s Impact on Rivers Through the FERC Relicensing Process

EPA Proposes Effluent Limitation Guidelines for Steam Electric Power Plants: But Do They Do Enough?

By: Hina Gupta, Managing Editor Congress passed the Clean Water Act (“CWA”)[1] with a goal of eliminating the discharge of pollutants into navigable waters by 1985.[2] The Environmental Protection Agency (“EPA”) strives to accomplish this goal by establishing a level of technology available for distinct industrial point source category as “effluent limitation guidelines” (ELG) that… Continue reading EPA Proposes Effluent Limitation Guidelines for Steam Electric Power Plants: But Do They Do Enough?

A Revival of Air Pollution Common Law? The Third Circuit’s Holding in Bell v. Cheswick Generation Station

By: Andrea Grossman, Associate  The Third Circuit recently breathed new life into common law claims to combat air pollution with the holding in Bell v. Cheswick Generation Station.[1] Historically, air pollution was addressed through a variety of common law remedies, primarily trespass and private nuisance.[2] Over the past forty years, the creation and implementation of… Continue reading A Revival of Air Pollution Common Law? The Third Circuit’s Holding in Bell v. Cheswick Generation Station

United States v. EME Homer City Generation, L.P.: Third Circuit Further Limits EPA’s Enforcement Authority Under the CAA’s PSD Provisions

By: Spencer Piatt, Senior Notes Editor The Third Circuit’s decision in United States v. EME Homer City Generation, L.P. (“Homer City”)[1] is the most recent in a series of decisions from the U.S. Courts of Appeals that have undermined the Environmental Protection Agency’s (“EPA”) enforcement authority under the Clean Air Act (“CAA”). The Third Circuit… Continue reading United States v. EME Homer City Generation, L.P.: Third Circuit Further Limits EPA’s Enforcement Authority Under the CAA’s PSD Provisions

What if Iran isn’t Lying? Nuclear Energy could Greatly Reduce CO2

By: Joe Eggleston, Associate The Islamic Republic of Iran has maintained that it never sought a nuclear bomb and now says it never will.[1] For years, the world has almost uniformly rejected that claim as a lie. In May of 2011, President Obama authorized further sanctions on Iran[2] for enriching uranium to nearly twenty percent… Continue reading What if Iran isn’t Lying? Nuclear Energy could Greatly Reduce CO2

Strong Opposition to EPA Proposed Carbon Emission Regulation Questions whether Carbon Sequestration Technology is Actually Available

By: Amanda Johnson, Associate The Environmental Protection Agency’s (EPA) newly proposed standards for greenhouse gas (GHG) emissions from stationary sources only came out Friday September 20, 2013, and the standards are already facing strong opposition from industry[1] and its supporters.[2] The Administration previously proposed these standards on April 13, 2012 as emission standards for stationary… Continue reading Strong Opposition to EPA Proposed Carbon Emission Regulation Questions whether Carbon Sequestration Technology is Actually Available

Lessons from Hunter v. FERC: Barclays’ $453 Million Fight

By: Adam Eldean, Senior Production Editor Introduction On July 16, 2013, the Federal Energy Regulatory Commission (“FERC”) issued an order assessing civil penalties for an alleged violation of FERC’s Anti-Manipulation Rule by Barclays Bank PLC (“Barclays”) for manipulative energy trading in and around California from November 2006 to December 2008.[1] The Order calls for $435… Continue reading Lessons from Hunter v. FERC: Barclays’ $453 Million Fight

Cornerstone of Species Protection or “For the Birds?”: Application of the ESA Take Prohibition in The Aransas Project v. Shaw

By: Molly Masterton, Notes Editor Any day now, the Fifth Circuit may issue a ruling with immense implications for wildlife and natural resources management efforts in Texas and across the nation. The case is The Aransas Project v. Shaw, and it is one of only a handful of cases in which the federal Endangered Species… Continue reading Cornerstone of Species Protection or “For the Birds?”: Application of the ESA Take Prohibition in The Aransas Project v. Shaw

Columbia River Treaty’s 49th Anniversary: Preparing for Upcoming Re-negotiations

By: Lauren Moldawer, Associate This September marks the forty-ninth anniversary of the United States and Canada’s Columbia River Treaty (Treaty),[1] which is one of the most sophisticated and important natural resource treaties to share in the world.[2] The Treaty provides the United States with “assured flood control” in exchange for providing Canada financial support for… Continue reading Columbia River Treaty’s 49th Anniversary: Preparing for Upcoming Re-negotiations