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

This post was written by Lawrence Demase, Douglas Everette, Robert Frank, Arnold Grant, Todd Maiden, Jennifer Smokelin, Robert Vilter and David Wagner.

As we look forward to 2012, the environmental and energy attorneys at Reed Smith will be on top of a range of issues, and offer the following analysis of what we view, in no particular order, to be 10 key issues likely to affect you and your business in 2012. This post is based on input and analysis from Reed Smith attorneys across the United States. The 10 issues to watch are:

1. Offshore wind power generation
2. Renewable energy incentive programs
3. Hydraulic fracturing regulation
4. Aggregation
5. Greenhouse gas litigation
6. California's cap-and-trade program
7. California's Green Chemistry program
8. New mercury standards for coal and oil-burning power plants
9. Fallout from CERCLA decision in Burlington Northern and Santa Fe Railway Co. v. U.S.
10. Conflict minerals and disclosure requirements

Please return to blog regularly and participate in our quarterly teleseminar to get updates and analysis on these and many other environmental and energy issues.

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On Wednesday, Reed Smith held its quarterly environmental and energy law resource teleseminar and the slides and audio are available for download. We were ambitious and discussed 10 key issues likely to affect you and your business in 2012. Our high level discussion was on the following:

1. Offshore wind power generation
2. Renewable energy incentive programs
3. Hydraulic fracturing regulation
4. Aggregation
5. Greenhouse gas litigation
6. California's cap-and-trade program
7. California's Green Chemistry program
8. New mercury standards for coal and oil-burning power plants
9. Fallout from CERCLA decision in Burlington Northern and Santa Fe Railway Co. v. U.S.
10. Conflict minerals and disclosure requirements

Be sure that we will monitor and analyze these issues and many other environmental and energy issues through the year on our blog and in future teleseminars.

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This post was written by  Jennifer Smokelin.

On January 20, the Pennsylvania Department of Environmental Protection (DEP) announced it will publish a revised version of its erosion and sediment control general permit for earth disturbance associated with oil and gas activities, along with four other supporting documents, including a draft permit application and a policy explaining the permit requirements. Look for publication in the Pennsylvania Bulletin. In reviewing the draft technical guidance, note that DEP will no longer offer expedited review of permit applications for projects that: have the potential to discharge sediment and runoff to exceptional-value or high-quality watersheds; have well pads that lie within floodplains; or would take place on contaminated lands. This may have a significant effect on some proposed oil and gas projects. The revisions mandate that staff will complete the non-expedited review within 60 days but DEP maintains the right to "stop the [60 day] clock" on a permit application if it has certain administrative or technical problems. The draft technical guidance also changes some documentation necessary when submitting a notice of intent to construct and provide guidance on "best management practices" for (1) erosion and sedimentation control, and (2) restoration after completion of the well.

DEP will accept comments on the documents from January 21 to March 21, 2012. Here's the fine print: written comments may be submitted on the draft technical guidance document for 60 days after publication in the Pennsylvania Bulletin. DEP will accept comments submitted by email; no comments submitted by facsimile will be accepted. Written comments should be submitted to Joseph Adams, DEP Office of Oil and Gas Management, P.O. Box 8765, Harrisburg, PA 17105-8765 or by email to josepadams@pa.gov. Be sure to include a return name and address in each email transmission.

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Please join us for this upcoming one-hour teleseminar. As part of our quarterly teleseminar series, the Reed Smith Energy and Natural Resources group will provide insight into the top ten environmental and energy issues to watch in 2012. This complimentary program is on Wednesday, January 25, 2012 from 12 to 1 pm ET. Please use the link below to register.

Topics will include:

• Hydraulic fracturing regulation
• Aggregation
• Greenhouse gas litigation
• California's cap-and-trade program
• Chemicals regulation (possible TSCA reform and California's Green Chemistry)
• New mercury standards for coal and oil-burning power plants
• Renewable energy incentive programs
• Offshore wind power generation
• CERCLA: Fallout from Burlington Northern and Santa Fe Railway Co. v. U.S.
• Conflict minerals and disclosure requirements

Speakers: Larry Demase (Pittsburgh), Douglas Everette (Washington D.C.), Bob Frank (Philadelphia), Arnold Grant (Chicago), Todd Maiden (San Francisco), Jennifer Smokelin (Pittsburgh), Robert Vilter (New York), and David Wagner (Pittsburgh). To read more about our speakers, please click the attorney's name.

After registration, you will be provided with the dial-in number and a link to view the presentation on the web. At the conclusion, you will have the opportunity to participate in a question-and-answer session. We look forward to you joining us!

TO REGISTER: Please, click here.

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This post was written by Luke Liben and Nicolle Bagnell.

As anticipated, on December 22, West Virginia’s Governor Earl Ray Tomblin signed the Natural Gas Horizontal Wells Control Act, calling it “a milestone piece of legislation and a significant achievement in [West Virginia’s] history.” You can find a summary of the Act in an earlier post but note that this legislation increases the fee for wells from $400 per well to $10,000 for an initial well, and another $5,000 for each additional well placed on a single pad. It also requires the disclosure of fracking additives to the West Virginia Department of Environmental Protection.

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