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About Fracking Time: An EPA Report Anticipated in 2014 May Catalyze Federal Legislation

About Fracking Time: An EPA Report Anticipated in 2014 May Catalyze Federal Legislation

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By: Natalie Walet, Associate  The benefits of hydraulic fracturing, commonly known as fracking, are generally accepted: the drastic increase in supply of natural gas has kept the price of gas low and improved the nation’s energy security.[1] Its costs, on the other hand, particularly on human health and the environment, remain highly contested.[2] It is difficult to discern the truth about fracking’s impact from the ubiquitous reports, articles, and editorials on the matter, as there are many points of disagreement.[3]…

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

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

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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 will restrict the effluent discharge from the point sources at a certain level.[3] The CWA also establishes review and revision requirements for effluent limitations and…

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

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

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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 joins the Seventh, Eighth, and Eleventh Circuits in holding that a violation of preconstruction permitting requirements applicable to a certain source is a one-time (rather…

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

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

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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 fossil fuels sources.[3] The EPA chose to re-propose the rules making significant changes after receiving 2.5 million public comments to the April 2012 proposal, providing…

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