Regulations
The Hill | 10 July 2017

EPA Asks Court To Let it Delay Obama Air Pollution Rule

The Trump administration asked a federal appeals court on 7 July to allow it to delay enforcement of an Obama administration rule to limit methane pollution from oil and natural gas drilling.

Credit: Getty Images.

Justice Department lawyers representing the Environmental Protection Agency (EPA) objected to the 3 July ruling from the Court of Appeals for the District of Columbia Circuit that mandated that the EPA immediately enforce the methane regulation, which the Trump administration had tried to delay so that it could go through a full repeal process.

In their 7 July motion to the court, the attorneys said the circuit court would normally hold off on enforcing its ruling for 52 days, to allow the Justice Department to decide whether it would appeal the ruling.

“By taking the unusual step of directing that the mandate issue forthwith, the court required immediate compliance with its decision (and, therefore, compliance with the full scope of the 2016 rule, including those provisions that are being reconsidered), notwithstanding that EPA and regulated parties would ordinarily be provided with 52 days, or longer, before compliance was required,” the attorneys wrote.

Such a delay by the court would allow the EPA to once again hold off on enforcing the standards on the oil and gas industry.

Read the full story here.

The Denver Post | 5 July 2017

DC Appeals Court Orders EPA To Move Ahead With Methane Rule

A federal appeals court in Washington ruled on 3 July that the head of the Environmental Protection Agency (EPA) overstepped his authority in trying to delay implementation of an Obama administration rule requiring oil and gas companies to monitor and reduce methane leaks.

In this 2 June 2017 file photo, EPA Administrator Scott Pruitt speaks to the media during the daily briefing in the Brady Press Briefing Room of the White House in Washington. A federal appeals court in Washington says Pruitt overstepped his authority in trying to delay implementation of a 2016 rule requiring oil and gas companies to monitor and reduce methane leaks. Credit: Pablo Martinez Monsivais/Associated Press.

In a split decision, the three-judge panel from the US Court of Appeals for the District of Columbia Circuit ordered the EPA to move forward with the new requirement that aims to reduce planet-warming emissions from oil and gas operations.

EPA Administrator Scott Pruitt announced in April that he would delay by 90 days the deadline for oil and gas companies to follow the new rule so that the agency could reconsider the measure. The American Petroleum Institute, the Texas Oil and Gas Association, and other industry groups had petitioned Pruitt to scrap the requirement, which had been set to take effect in June.

Last month, Pruitt announced he intended to extend the 90-day stay for 2 years. A coalition of six environmental groups opposed the delay in court, urging the appeals judges to block Pruitt’s decision.

In a detailed 31-page ruling, the court disagreed with Pruitt’s contention that industry groups had not had sufficient opportunity to comment before the 2016 rule was enacted. The judges also said Pruitt lacked the legal authority to delay the rule from taking effect.

Read the full story here.

The New York Times | 3 July 2017

Counseled by Industry, Not Staff, EPA Chief Is Off to a Blazing Start

In the 4 months since he took office as the Environmental Protection Agency’s administrator, Scott Pruitt has moved to undo, delay, or otherwise block more than 30 environmental rules, a regulatory rollback larger in scope than any other over so short a time in the agency’s 47-year history, according to experts in environmental law.

Scott Pruitt, right, the Environmental Protection Agency administrator, with Treasury Secretary Steve Mnuchin after President Trump announced his intention to withdraw from the Paris agreement on climate change. Credit: Al Drago/The New York Times.

Pruitt’s supporters, including President Trump, have hailed his moves as an uprooting of the administrative state and a clearing of onerous regulations that have stymied American business. Environmental advocates have watched in horror as Pruitt has worked to disable the authority of the agency charged with protecting the nation’s air, water, and public health.

But both sides agree: While much of Trump’s policy agenda is mired in legal and legislative delays, hampered by poor execution and overshadowed by the Russia investigations, the EPA is acting. Pruitt, a former Oklahoma attorney general who built a career out of suing the agency he now leads, is moving effectively to dismantle the regulations and international agreements that stood as a cornerstone of President Barack Obama’s legacy.

“Just the number of environmental rollbacks in this time frame is astounding,” said Richard Lazarus, a professor of environmental law at Harvard. “Pruitt has come in with a real mission. He is much more organized, much more focused than the other cabinet-level officials, who have not really taken charge of their agencies. It’s very striking how much they’ve done.”

Since February, Pruitt has filed a proposal of intent to undo or weaken Obama’s climate change regulations, known as the Clean Power Plan. In late June, he filed a legal plan to repeal an Obama-era rule curbing pollution in the nation’s waterways. He delayed a rule that would require fossil fuel companies to rein in leaks of methane, a potent greenhouse gas, from oil and gas wells. He delayed the date by which companies must comply with a rule to prevent explosions and spills at chemical plants. And he reversed a ban on the use of a pesticide that the EPA’s own scientists have said is linked to damage of children’s nervous systems.

Read the full story here.

The Hill | 19 June 2017

Interior Set To Delay Methane Pollution Rule

The Interior Department is preparing to delay implementation of a rule limiting methane waste at oil and natural gas drilling sites.

Credit: Getty Images.

In a Federal Register notice , Interior’s Bureau of Land Management (BLM) said it would look to postpone the compliance dates for several parts of the Obama-era rule. The rule aims to reduce leaks of methane, a powerful greenhouse gas, at drilling sites on federal land.

Drillers are required to come into compliance with the rule beginning on 17 January 2018. But several industry groups have sued over the regulation, and President Trump has ordered Interior to reconsider the measure.

BLM said in its Register notice that it would postpone the compliance dates “in light of the regulatory uncertainty created by the pending litigation and the ongoing administrative review.”“Given this legal uncertainty, operators should not be required to expend substantial time and resources to comply with regulatory requirements that may prove short-lived as a result of pending litigation or the administrative review that is already under way,” the agency wrote in its notice.

Read the full story here.

Bennett Jones via Mondaq | 19 June 2017

Canada: New Federal Methane Reduction Regulations for the Upstream Oil and Gas Sector

The government of Canada has released its proposal for the first federal regulations on greenhouse gas emissions applicable specifically to the upstream oil and gas sector, titled Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector).

The proposed regulations, which will be enacted under the Canadian Environmental Protection Act, 1999, SC 1999, c 33, introduce facility and equipment standards to reduce fugitive and venting emissions of “hydrocarbon” gas (defined in the proposed regulations as methane and certain volatile organic compounds but, for the purposes of this summary, referred to collectively as “gas”) from Canada’s oil and gas industry. These standards will apply as of 1 January 2020 (with several exceptions). The proposed regulations are part of the Pan-Canadian Framework on Clean Growth and Climate Change to meet greenhouse-gas-reduction targets.

The reduction requirements contemplated in the proposed regulations can be categorized broadly into two categories: general requirements applicable to upstream oil and gas facilities and requirements specific to upstream oil and gas facilities producing or receiving an aggregate of more than 60,000 m3 of gas in a 12-month period.

Read the full story here.

EPA | 14 June 2017

EPA Proposes Longer Stay of Portions of Oil and Gas Standards

The US Environmental Protection Agency (EPA) is taking steps to ensure portions of the agency’s 2016 New Source Performance Standards for the oil and natural gas industry do not take effect while the agency works through the reconsideration process.

The agency is proposing a 2-year stay of the fugitive emissions, pneumatic pump, and professional engineer certification requirements in the rule while the agency reconsiders issues associated with these requirements. Under the proposal, sources would not need to comply with these requirements while the stay is in effect. Since issuing the final rule, the EPA has received several petitions to reconsider certain aspects of the rule.

Earlier this month, EPA used its Clean Air Act authority to issue a 90-day administrative stay of these requirements. To ensure there is no gap in the stay between the 90-day stay and the proposed 2-year stay if finalized, the EPA also is proposing a 3-month stay.

The EPA will take comment on both of the proposed stays for 30 days after they are published in the Federal Register.

Read more about the proposed stays and reconsideration here.

Perchstone & Graeys via Mondaq | 14 June 2017

Nigeria: Passage of Petroleum Industry Governance Bill a Step to Change

The momentous passage of the Petroleum Industry Governance Bill on 25 May 25 by the Nigerian Senate was heralded by many as a revolutionary step at creating a legal framework to address some of the perennial challenges that have plagued the oil and gas industry over the years. With this development, the bill is expected to go through a few other legislative procedures and eventually be assented by the president.

The bill seeks to establish efficient and effective governing institutions with clear and separate roles for the petroleum industry. The bill also proposes to establish a framework for the creation of commercially oriented and profit-driven petroleum entities that ensure value addition and internationalization of the petroleum industry as well as promote transparency and accountability in the administration of petroleum resources of Nigeria. Furthermore, it is the expectation of oil industry players that the bill will foster a conducive business environment for petroleum industry operations.

The bill provides three-pronged solutions to the bureaucratic bottlenecks and regulatory inefficiency in the oil and gas industry; harsh business environment for investment in the industry; and default in meeting the financial obligations of the government on its investment in the industry. The unique approach offered by the Bill is the establishment of three institutions to pilot the change in the general operations of the oil and gas industry: Nigeria Petroleum Regulatory Commission; National Petroleum Asset Management Company, and National Petroleum Company.

Read the full story here.

Bloomberg | 14 June 2017

Trump Weighing Combining Agencies Separated After Gulf Spill, Sources Say

After the 2010 Gulf oil spill, the Obama administration broke the scandal-plagued federal agency that policed offshore drilling into separate bureaus.

Now, the Trump administration is considering putting it back together again.

The change, described by Interior Department officials and lobbyists familiar with the deliberations, would combine two agencies: one that enforces regulations on offshore drilling safety and another in charge of leasing offshore tracts. Keeping those roles separate was a key recommendation of a presidential commission that investigated the Deepwater Horizon blast that killed 11 men and sent oil gushing into the Gulf of Mexico for months.

Merging the bureaus could send a signal that Interior is easing off on enforcement, right as President Donald Trump expands areas available for offshore oil drilling, according to Bob Graham, a former Florida senator who led the commission.

“I have heard no indication of why we’re doing this,” Graham said in an interview. “It’s just 7 years after this enormous disaster—and this was one of the key steps in at least mitigating the chances of a repetition.”

Read the full story here.

CNBC | 6 June 2017

Trump’s EPA Hit With Lawsuit Over Suspension of Oil- and Gas-Drilling Rules

A group of conservation organizations sued the Environmental Protection Agency (EPA) on 5 June, saying the agency unlawfully suspended Obama-era rules to cut methane pollution.

President Donald Trump, left, listens to EPA Administrator Scott Pruitt after announcing his decision that the United States will withdraw from the Paris Climate Agreement, in the Rose Garden of the White House on 1 June. Credit: Kevin Lamarque, Reuters.

The lawsuit is another sign that environmentalists intend to use the courts to block President Donald Trump’s effort to roll back energy regulations and climate change initiatives pushed by his predecessor.

Environmental groups have already sued the president over his approval of the Keystone XL pipeline and for seeking to overturn President Barack Obama’s ban on offshore drilling in the Arctic. Some nonprofits, including the Natural Resources Defense Council, have also sued over Trump’s executive order requiring federal agencies to repeal two regulations for every new one they propose.

Six conservation groups on 5 June filed suit after the EPA suspended implementation of rules meant to prevent methane leaks from oil and gas operations. They said EPA Administrator Scott Pruitt issued a 90-day stay without giving the public advance notice or the opportunity to comment, as required by law.

Read the full story here.

The Hill | 1 June 2017

EPA Halts Obama-Era Rule on Methane Pollution

The Environmental Protection Agency (EPA) has halted an Obama administration rule to cut down on pollution of methane, a greenhouse gas produced at oil and natural gas drilling wells.

Credit: Getty Images.

The EPA on 31 June said it had issued a 90-day stay of agency rules designed to limit methane leaks at drilling sites, as well as rules setting standards for equipment and employee certification.

President Trump ordered the EPA to reconsider the methane standards in March when he signed an executive order to repeal several Obama administration climate regulations.

Obama administration officials finalized the methane rule last May. The regulation, part of a federal methane reduction strategy that Trump has also repealed, was designed to cut 520,000 short tons of methane pollution by 2025. The EPA said compliance costs would be approximately USD 530 million. Drillers opposed the rule, saying it was costly and duplicative. Several states sued over the standards at the time, including Oklahoma, whose then-attorney general, Scott Pruitt, is now administrator of the EPA.

The EPA said in April it would formally review the methane rule, a lengthy process that includes a formal federal rulemaking.

The decision to roll back its methane standards comes as Canada begins the process of tightening its standards. Obama and Canadian Prime Minister Justin Trudeau announced their methane reduction strategies together in 2016.

The Hill | 1 June 2017

Canada Proposes Methane Pollution Standards for Oil and Gas Drilling

Canadian regulators are formally proposing rules to reduce methane pollution from the oil and natural gas sector.

Canadian Prime Minister Justin Trudeau. Credit: Greg Nash.

The announcement from Environment and Climate Change Minister Catherine McKenna on 25 May came despite the Trump administration’s actions in the United States to reverse course on methane regulations written by former President Barack Obama.

Methane is the main component of natural gas and a greenhouse gas about 80 times as potent as carbon dioxide.

In proposing the rules, McKenna specifically cited the examples of California, Colorado, and North Dakota as jurisdictions that Canada wants to emulate on methane regulation.

“By better detecting and patching leaks, companies will be able to save and sell that natural gas and do their part to fight climate change. And this will support more modern technology and good new jobs in the oil and gas sector,” McKenna said in a statement.

“Our government knows that, through innovation and technology, we can reduce emissions while improving the health of Canadians.”

The rules target methane leaks in the drilling process, leaks from equipment, and venting unused gas at wells and at compressor stations, among other places.

Read the full story here.

The Hill | 23 May 2017

Court Pauses Lawsuit Over Obama Methane Rule

A federal court on 18 May formally paused a lawsuit over an Obama administration methane regulation.

Credit: Getty Images.

The order, from the Court of Appeals for the District of Columbia, halts consideration of an oil industry suit challenging the Environmental Protection Agency’s (EPA) rules cracking down on methane emissions from oil and gas drilling wells.

President Trump signed an executive order in March asking the EPA to review that regulation as part of an effort to undo several Obama-era environmental rules he argues hurt the energy industry.

In early April, Trump administration lawyers asked the court to hold the case in abeyance because they had started the process of reviewing the rule.

“Pursuant to the executive order, EPA is initiating its review of this rule and providing advanced notice of forthcoming rulemaking proceedings consistent with the president’s policies,” federal lawyers wrote in a motion then. “If EPA’s review concludes that suspension, revision, or rescission of this Rule may be appropriate, EPA’s review will be followed by a rulemaking process that will be transparent, follow proper administrative procedures, include appropriate engagement with the public, employ sound science, and be firmly grounded in the law.”

A three-judge panel formally paused the rule in a one-paragraph ruling on 18 May.

Read the full story here.