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WVDEP finalizes changes to natural gas general permits and associated regulations

Dinsmore & Shohl LLP
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USA
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June 3 2013

The West Virginia Department of Environmental Protection (WVDEP) is in the midst of finalizing changes to general permits and rules in three (3

EPA declines to create new air pollution control program for coal mines for now.

Dinsmore & Shohl LLP
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USA
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May 16 2013

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have

Appeals Court reinstates EPA “veto” over Corps’ mining-related permit

Dinsmore & Shohl LLP
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USA
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April 29 2013

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on

W.Va. Supreme Court affirms award of attorneys’ fees and expenses against WVDEP in surface mine board appeals

Dinsmore & Shohl LLP
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USA
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October 30 2012

By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy Creek Preservation Association (“HCPA”) more than $300,000 in attorneys’ fees and costs incurred in connection with two consolidated appeals brought before the West Virginia Surface Mine Board

Court addresses surface owner appeal rights involving Marcellus Shale gas wells

Dinsmore & Shohl LLP
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USA
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September 27 2012

On September 25, 2012, the West Virginia Supreme Court of Appeals entertained oral arguments in the case of James Martin, Director v. Matthew L. Hamblet, Docket No. 11-1157

Horse tracks as Concentrated Animal Feeding Operations?

Dinsmore & Shohl LLP
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USA
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September 13 2012

As expanded gambling brings renewed interest and attention to horse racing, tracks need to be sure to not make a bad bet on environmental compliance

Court injects clarity into air permitting source determinations

Dinsmore & Shohl LLP
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USA
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August 20 2012

On August 7, 2012, in Summit Petroleum v. EPA, the United States Court of Appeals for the Sixth Circuit struck down the U.S. Environmental Protection Agency’s broad interpretation of the word “adjacent” in its regulations

Court strikes down EPA overreaching again

Dinsmore & Shohl LLP
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USA
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August 10 2012

For the third time in the past 10 months, a federal court has declared that the Environmental Protection Agency (EPA) has violated the law through its efforts to impose additional restrictions on coal operations in the Appalachian States

Managing green product claims and expectations

Dinsmore & Shohl LLP
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USA
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August 7 2012

If a firm states that a construction project possesses sustainable features or energy-efficient attributes relative to traditional practices, certain risk mitigation issues and practices must be addressed

Judge sides with coal industry against EPA

Dinsmore & Shohl LLP
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USA
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August 2 2012

In a long awaited ruling, District of Columbia U.S. District Court Judge Reggie Walton ruled yesterday that the Environmental Protection Agency’s Final Guidance, relied upon by EPA to block Clean Water Act permits for virtually all new or expanded surface coal mining in Kentucky and West Virginia, was illegal and that EPA had exceeded its authority under the Clean Water Act and Surface Mining Control and Reclamation Act

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