Nine petitions have been filed by New York, industry organizations and environmental groups challenging the U.S. Environmental Protection Agency’s (EPA’s) first air emission rules for hydraulic fracturing. Am. Petroleum Inst. v. EPA, No. 12-1405 (D.C. Cir. 10/15/12); Gas Processors Ass’n v. EPA, No. 12-1406 (D.C. Cir. 10/15/12); Domestic Energy Producers Alliance v. EPA, No. 12-1407 (D.C. Cir. 10/15/12); Indep. Petroleum Ass’n of Am. v. EPA, No. 12-1408 (D.C. Cir. 10/15/12); Natural Resources Defense Council v. EPA, No. 12-1409 (D.C. Cir. 10/15/12); Cal. Communities Against Toxics v. EPA, No. 12-1410 (D.C. Cir. 10/15/12); Tex. Oil & Gas Ass’n v. EPA, No. 12-1411 (D.C. Cir. 10/15/12); W. Energy Alliance v. EPA, No. 12-1412 (D.C. Cir. 10/15/12); and Texas v. EPA, No. 12-1417 (D.C. Cir. 10/15/12).

According to EPA, the emission rules, published August 16, 2012, and effective October 15, 2012, affect more than 11,000 hydraulic fracturing wells and 1,400 hydraulic re-fracturing wells as well as storage tanks and other equipment. The Environmental Defense Fund, Sierra Club and Clean Air Council reportedly challenge the agency’s decision not to directly regulate methane under the rules. The American Petroleum Institute reportedly challenges technical errors in the rules that would complicate their implementation. See BNA Daily Environment Report, October 18, 2012.