Environmental Law ReSource : Environmental Lawyer & Attorney : Reed Smith Law Firm : Climate Change, Sustainability

This post was written by David Wagner.

It's really nice to be recognized. In fact, we're thrilled that LexisNexis has nominated Reed Smith's Environmental Law Resource as one of the Top 50 Environmental Law & Climate Change Blogs for 2011. Even better, they grouped the 50 nominees into 11 categories and our blog was one of just 7 blogs nominated under the "Litigation" category. LexisNexis selected the nominees based on "timely topics, quality writing, frequent posts and that certain something 'extra' that keeps a web audience coming back for more."

We certainly appreciate your interest in our blog and, if you want to support our nomination, LexisNexis is inviting comments.

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This post was written by Nicolle Bagnell and Ariel Nieland.

Last week, Pennsylvania Governor Tom Corbett rescinded a policy that required well operators who wanted to drill for natural gas in state park and forest land to obtain an environmental impact assessment statement from the Pennsylvania Department of Conservation and Natural Resources (DCNR) before applying for a drilling permit. The 4-month old policy, which former Governor Rendell imposed in October 2010, provided for increased cooperation among the Department of Environmental Protection (DEP), the DCNR, and well operators in addressing drilling permit applications. The policy was applicable in situations where the state owned the surface rights to the land, but the subsurface mineral rights were privately held. According to former DCNR Secretary, John Quigley, the policy was a "common-sense approach to mitigating or avoiding any environmental, recreational and aesthetic impacts from the well drilling." The Corbett administration, however, has described the newly-rescinded policy as "unnecessary and redundant" as operators are already required to mitigate environmental damage and are held to responsible drilling practices by the DCNR and DEP.

Some commentators have viewed the rescission as Governor Corbett's first step towards fulfilling his promise to lift Pennsylvania's current moratorium, also imposed by Rendell in October, on new leasing of state forest lands for natural gas drilling where the state does own the mineral rights.

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This post was written by Lou Naugle and David Wagner.

With an increasing number of local and state governments adopting regulations that require reporting on building energy usage, ASTM International just made things easier by releasing a standard for collecting, compiling, and analyzing energy use in commercial buildings. The standard, which is a set of guidelines called the Standard Practice for Building Energy Performance Assessment for a Building Involved in a Real Estate Transaction (E2797-11), has a variety of uses. It can be used to develop data to assess building energy performance as part of a commercial real estate transaction, comply with regulatory reporting requirements, or develop plans for improving a commercial building’s energy efficiency improvements. You can purchase this new standard from ASTM here.

How Buyers, Owners and Lenders May Use the ASTM Standard

Keep in mind that, although it is not a certification or benchmarking tool, the standard is designed to be used in connection with programs such as LEED and Energy Star. The data collected under the standard offers more detail than an Energy Star rating and, unlike LEED certification, can be used to assess energy use within the time constraints of a real estate transaction.

With commercial building buyers and tenants using energy efficiency and related green building criteria as a key element of determining a site to purchase or lease, look for building owners to use the standard to reduce energy usage, and, in turn, improve a building’s score in required reports, increase its value, make it more attractive to potential buyers or tenants, or receive an energy efficiency loan. Lenders also may analyze the data to identify where a building could improve its energy efficiency before offering loans for retrofits.

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This post was written by David Wagner.

After 2½ years of consultations and studies, last week the European Commission formalized the first bans on chemicals under REACH (Regulation on the Registration, Evaluation and Authorization of Chemicals). Under the terms of the ban, musk xylene; solvent hardener 4,4'-diaminodiphenylmethane (MDA); flame retardant hexabromocyclododecane (HBCDD); and plasticizers bis(2-ethylhexyl) phthalate (DEHP), benzyl butyl phthalate (BBP), and dibutyl phthalate (DBP) must be phased out, with various sunset dates set between 2014 and 2015.

With this determination, the “authorization” part of REACH is now in play. Depending on the substance, companies have between 24 and 30 months to apply for authorizations to continue to use the substances in specific applications. Requests for authorization must be accompanied by a substitution plan and evidence either that the substances can be used safely or that there is a strong socioeconomic case for their continued use.
 

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This post was written by David Wagner.

Reed Smith has teamed up with AECOM to present three teleseminars on air quality issues affecting oil and gas development in the Marcellus Shale. At the first teleseminar on February 11, 2011, we discussed the Pennsylvania Department of Environmental Protection’s (DEP) air permitting process, focusing on the general permits applicable to oil and gas activities (GP-5, GP-9, GP-11), requests for determinations (RFDs) and the permit exemption list, as well as DEP’s proposals to narrow the oil and gas permit exemption list and modify GP-5. Click here for the teleseminar’s audio recording and here for the handout. The event featured Larry Demase and Jennifer Smokelin of Reed Smith and Tom Bianca of AECOM.

Check back for details on the remaining two teleseminars that will address greenhouse gases and aggregation.

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This post was written by Todd Maiden, Jennifer Smokelin and David Wagner.

In the 2011 State of the Union address, President Obama urged lawmakers to establish a clean energy standard (CES) with a goal of 80 percent of the nation’s electricity to come from “clean” sources by 2035. The President emphasized that a CES would recognize electricity from not only renewable energy sources but also nuclear, coal with carbon capture and storage technology and natural gas. Calling the clean energy push “our generation’s Sputnik moment,” the President’s speech framed a clean energy standard in the larger context of improving the United States’ competitiveness in the global economy.

With this announcement, it’s fair to say we’ve officially shifted the federal political climate change discussion from cap and trade to the creation of a clean energy standard. Putting aside a comparison of the two approaches, here are a few things to know and watch for in the upcoming debate on a clean energy standard.

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This post was written by Nicolle Bagnell and Ariel Nieland.

Yesterday the Pennsylvania Department of Environmental Protection (DEP) released the results of its short-term study of potential negative impacts to air quality resulting from Marcellus Shale natural gas operations in Northeastern Pennsylvania. According to the DEP, the results from the study indicated no emissions levels of any compounds that would trigger cause for concern over air-related health issues associated with drilling activities in the region. To collect samples for the study, the DEP conducted air monitoring surveys over a period of four weeks at various drilling sites in Susquehanna County, including an operating gas well, compressor stations, and a well site currently being fracked, as well as in Loyalsock State Forest in Sullivan County. The survey was aimed at monitoring for volatile organic compounds generally associated with petroleum products, such as benzene and xylene, along with other pollutants. Although the sampling did detect emissions of various natural gas constituents and related compounds (ethane, methane, carbon monoxide, etc.), none of the emissions were at concentrations that would rise to the level of constituting a health concern.

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This post was written by David Wagner.

If the U.S. Environmental Protection Agency (USEPA) stays on schedule, look for February to bring two proposed rules regarding nanomaterials. One proposed rulemaking would establish reporting requirements for certain nanoscale materials. The other proposal is a significant new use rule that would require persons who manufacture, import, or process new nanoscale materials based on chemical substances listed on the TSCA Inventory to notify the Agency at least 90 days before they make, import, or use that nanoscale chemical. Both were previewed in USEPA’s FY 2011 Regulatory Agenda.

Proposed Reporting of Nanoscale Materials under TSCA Section 8(a)

Under section 8(a) of the Toxic Substances Control Act (TSCA), this month USEPA plans to propose reporting requirements for persons who are manufacturing, importing, or processing nanoscale materials in commerce. The rule would require these persons to notify USEPA of certain information including production volume, methods of manufacture and processing, exposure and release information, and available health and safety data. The proposed reporting of these activities would provide USEPA with an opportunity to evaluate the information and consider additional action under TSCA.

Proposed Significant New Use Rule

Also in February, USEPA intends to propose a significant new use rule (SNUR) under section 5(a)(2) of TSCA that would designate as a significant new use, any use of chemical substances as nanoscale materials after the proposed date of the rule. The SNUR would require persons who manufacture, import, or process new nanoscale materials based on chemical substances listed on the TSCA Inventory to submit a notice to the Agency at least 90 days before commencing that activity. The SNUR would identify existing uses of nanoscale materials based on information submitted under the Agency's voluntary Nanoscale Materials Stewardship Program and other information. The required notification would provide USEPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs to prevent any unreasonable risks to human health or the environment.

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