An article released June 21, 2018 in the journal Science concludes that US energy industry methane emissions are approximately 60% higher than EPA’s inventory estimate. Also, several energy companies recently formed the Collaboratory for Advancing Methane Science (CAMS) to “pursue scientific studies addressing methane emissions from all sectors along the entire natural gas value chain, […]Read more "Methane News: Emissions Estimates and a New Industry Initiative"
The deed records indicated Matthew Pryor was the owner of a former Gulf gas station, which had three underground storage tanks. Pryor claimed the deed showing him as owner was fraudulent. He also asserted Chevron, successor to Gulf, owned the tanks. In Pryor v. State, the Third Court of Appeals in Austin, Texas upheld a […]Read more "Record Surface Owner Could Not Disprove Ownership and Must Remove Underground Tanks"
On June 5, 2018 EPA announced settlement of an enforcement action against Magnolia Homes (“Magnolia”). In the settlement, Magnolia agreed to pay a civil penalty of $40,000, conduct a community lead-abatement project with an estimated cost of $160,000, and post an internet video about renovating homes containing lead-based paint. Magnolia must post the internet video […]Read more "TV Show Leads to Clean Air Act Penalty"
EPA has proposed a “new owner” audit program for air emissions from oil and natural gas exploration and production facilities and has requested comments on a proposed Audit Agreement template. I expect EPA will make the program final after receiving comments, with the final template similar to the current draft. Limited to Oil and Gas […]Read more "EPA Proposes Program for Audits by New Owners of Oil and Gas Facilities"
The United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) has reversed EPA’s listing of the West Vermont Drinking Water Contamination Site (the “Site”). In deciding Genuine Parts Company v. EPA, the DC Circuit said EPA: Ignored evidence that did not support its listing; Relied on certain portions of studies that […]Read more "Failure to Consider Key Evidence Leads to Reversal of Superfund Site Listing"
Michael J Myers, Senior Counsel for Air Pollution and Climate Change Litigation in the New York State Attorney General’s Environmental Protection Bureau, authored an article that appeared recently in Trends, the American Bar Association Newsletter of the Section of Environment, Energy, and Resources (SEER). The SEER article discussed state responses to the “Trump administration’s environmental […]Read more "New York State Official Says States Will Respond to Trump Environmental Policies"
In supporting a claim that a worker’s benzene exposure caused a type of leukemia, an expert used a computer model to estimate the exposures of benzene during his employment. In DuPont v. Hood, the mid-level appellate court in Dallas, Texas determined that the inputs did not accurately reflect the actual working conditions. The Court reversed […]Read more "Inputs to Computer Models Must Reflect Actual Conditions"