EPA Announces It Will Establish Fracking Wastewater Guidelines

At least we're moving in the right direction. 

Yesterday, the EPA announced in a press release that it will establish wastewater standards for discharges from the natural gas production process. That's the good of it.





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Community-focused environmental justice conference. (Aug 23-26, Detroit, MI)

Next week (8/23 - 8/26), Detroit will play host to EPA's 2011 Environmental Justice Conference. Don't be discouraged by the registration being closed*, members of the public are still welcome to attend! 





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AEP v. Connecticut: The Ruling and its Implications

AEP v. Connecticut (June 20, 2011) is this year's blockbuster environmental law case. AEP is the first decision of the Supreme Court on climate change since Massachusetts v. EPA (2007) and a titanic piece of litigation pitting some of the largest states against some of the country's largest utilities. AEP involves a plethora of constitutional issues (political question, standing and displacement of federal common law) together with equally important issues of judicial management of large-scale environmental litigation. 

The Court in AEP split 4-4 on certain preliminary issues that resulted in an affirmation of part of the lower court ruling, followed by an 8-0 decision reversing the rest of the Second Circuit's decision. The Court agreed with the utility defendants on one core point: That highly complex climate change environmental regulation is more suited to expert agencies set up by Congress than by federal judges issuing "case-by-case injunctions." Justice Ginsburg, writing for the Court, also managed to raise one other constitutional issue not briefed by the parties -- potential federal preemption of state nuisance claims.

On Thursday, July 7, 2011 the American Bar Association Section of Environment, Energy and Resources will be hosting a teleconference to discuss the legal, environmental and regulatory implications of this decision. This is a FREE program and will not provide CLE credits.

The lawyer who represented the defendant utility companies, Peter Keisler of Sidley & Austin, and the former senior climate change policy counsel to the EPA Administrator, Professor Lisa Heinzerling of Georgetown University Law Center, will discuss the Court's holding and its implications.

Click here for more information about this program.

The world gets hotter, and we're becoming hungrier

For nearly two decades, scientists had predicted that climate change would be relatively manageable for agriculture, suggesting that even under worst-case assumptions, it would probably take until 2080 for food prices to double.

In part, they were counting on a counterintuitive ace in the hole: that rising carbon dioxide levels, the primary contributor to global warming, would act as a powerful plant fertilizer and offset many of the ill effects of climate change.

Until a few years ago, these assumptions went largely unchallenged. But lately, the destabilization of the food system and the soaring prices have rattled many leading scientists.

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Obama and House Republicans moving swiftly for natural gas exploration

picture: seekingalpha.com

Expansion of the National Petroleum Reserve in Alaska get's the "OK" from President Obama. At the same time, House Republicans are passing oil and gas legislation at record rates. So far this term, the House has passed four pieces of legislation that would make it easier for oil and gas companies to conduct natural gas exploration.

One of the most popular ways of extracting natural gas in the Marcellus Shale is by using the hydraulic fracturing method ("fracking") --- a method where a mixture of sand, water and chemicals are used to fracture the bedrock, allowing pressurized natural gas to escape. Fracking is controversial because of the several environmental and social consequences that are attributed to it.






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U.S. Supreme Court to hear oral arguments next week on landmark greenhouse gas case

On Tuesday April 19, 2010 the Supreme Court of the United States is scheduled to hear oral arguments on the biggest greenhouse gas/global warming related case since Massachusetts v. EPA (2007) (where the Supreme Court held that the Clean Air Act allows the EPA to regulate GHG emissions from automobiles).

In American Electric Power v. Connecticut, a conglomerate of 6 states*, 3 not-for-profits and New York City ("States") will take on the nation's 5 largest GHG emitters (large electricity generators).
*NJ and WI are no longer part of this suit.

The legal issues to be argued: (1) whether states may sue for injunction under the common-law tort theory of "public nuisance" based on global warming-related injuries ; (2) whether the "political question doctrine" prevents the courts from hearing this suit; and (3) whether the Clean Air Act or EPA regulations preempt this action.

Don't think anyone is interested? Think again. As of Saturday evening, there have been at least 22 amicus briefs for the respondents (power plants) and 9 for the petitioners (the states ).





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Pace Law School program on hydraulic fracturing in NY, April 14 @6:30pm (FREE for students. Live webcast!)

The Pace Law School Center for Environmental Legal Studies and Center for Continuing Legal Education present -

HYDROFRACKING: THE EXPLOSIVE ISSUE OF NATURAL GAS DRILLING
Natural gas can play an important role in the transition to cleaner energy supplies since it produces less carbon emissions than coal or oil. However, there are significant environmental and public health issues associated with the natural gas extraction process known as hydraulic fracturing or hydrofracking.

Thursday, April 14, 2011 -- 6:30pm-9:30pm
Pace Law School -- 78. N.Broadway, White Plains, NY -- Moot Courtroom Law Library





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Earthjustice responds to Obama's Energy Plan: 1 thumb up, 1 thumb down.

Last week, Earthjustice, the non-profit environmental law firm, issued a statement responding to President Obama's energy address. In its statement, Earthjustice said that "some elements of the plan are flawed and signal a lingering attachment to outdated ways of thinking."

Earthjustice is referring to the possibility of offshore drilling in America's Artic, corporate loopholes that limit liability for hydraulic fracturing, and monetary incentives for the oil and gas companies.

Read Earthjustice's statement in its entirety...

Why you should come to the ELS screening of "Gasland" (Thurs. 3/31, 12:45pm, WA10)

Thursday, March 31 * 12:45-2:00pm * Room WA10

Gas drilling in New York? I thought that only happened in other places.  Lured by rising gas prices, oil and gas companies like Exxon and BP are at New York's doorstep, clamoring for access to underground reserves throughout the state and demanding the right to blast millions of gallons of chemically-treated water into the earth to extract the gas. This controversial technique is known as "hydraulic fracturing." And if it sounds scary, that's because it is. Of particular interest to oil and gas companies is a geologic formation known as the Marcellus Shale, which stretches primarily from New York to Pennsylvania, Ohio, and West Virginia.

What? They want to blast millions of gallons of water laced with chemicals into the ground? Yes. What's more, the companies won't tell us what chemicals they're using. And that may end up being the least of our problems. Once the oil and gas companies are done with the water, it's even more contaminated, sometimes even radioactive. If not handled properly, this wastewater can poison drinking water wells and public water supplies. Not to mention the air pollution, heavy truck traffic, and destruction of forests that comes with all of this industrial activity.





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Environmental Law Society screening of "Gasland"

Environmental Law Society screening of "Gasland"

Environmental Law Society screening of "Gasland"

ELS Executive Board nominations due Friday, April 1st- We Need Candidates!

In less than three semesters, the Environmental Law Society of New York Law School has gone from a non-existant, dormant Society to one with over 80 members! We have hosted public speakers, screened environmental documentaries, participated in community service and research projects, and successfully petitioned the NYLS administration to add more environmental law courses to our curriculum.

This is because our Members care and so does our Executive Board. Now its your chance to step up!

If you would like to run for an E-Board position, please submit a "STATEMENT OF INTEREST" to Jose Almanzar (jose.almanzar@law.nyls.edu) BY FRIDAY, APRIL 1ST, 11:59PM. The Statement should include: your name, your current year at NYLS and a brief statement (1-2 para.) expressing your interest in one of the positions and why you are qualified for that position.

Electronic elections will be held the following week from April 8th - April 9th.

Below please find a description of each position and its responsibilities. If you have any questions, please contact Jose Almanzar (jose.almanzar@law.nyls.edu). Thank you!




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EPA Proposes Nation's First Emissions Standards for Power Plants

This is long over-due, no?

Earlier this week the EPA proposed the first national standards for the emissions of mercury and other pollutants from coal-burning power plants. This rule could lead to the early closing of a number of power plants (this is probably a good thing!).

My question is "why did this take so long?!"

As the EPA Administrator, Lisa Jackson, put it "[t]oday's announcement is 20 years in the making..."

China unveils economic plan with focus on raising incomes and reining in pollution

BEIJING — China’s leaders unwrapped a new five-year economic blueprint on Saturday that set ambitious goals to raise ordinary people’s incomes, rein in pollution and energy use, and build advanced-science industries in fields like biotechnology and environmental protection.

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Environmental Law Society meeting next Tuesday (3/8), 12:50pm-1:50pm in W303

Mark your calendars! The Environmental Law Society of New York Law School will be hosting a General Membership Meeting next Tuesday, March 8th from 12:50pm-1:50pm in room W303.

On the Agenda: new environmental law courses at NYLS; internships and jobs; PlaNYC 2030; tree planting; West Virginia Law's Energy Moot Court Competition; "Gasland" and "Last Mountain"; Mike Gerrard; 2011-2012 ELS EBoard elections; and more!

Join us! Come with ideas! SNACKS AND DRINKS WILL BE PROVIDED!

If you have any questions or would like to add something to the agenda, please contact Jose Almanzar (jose.almanzar@law.nyls.edu).

Climate Change in Real Estate and Business Transactions

You ask and you shall receive.


Last semester, Environmental Law Society students requested that NYLS administration take a look at its academic curriculum and consider adding more environmental law-related courses.


Our message was heard! Next fall NYLS will be offering a new climate change course, Climate Change in Real Estate and Business Transactions.


Wohoo!

Boiler and incinerator regulations are so hot

In an attempt to reduce pollution from boiler and incinerator emissions, the U.S. EPA establishes new standards under the Clean Air Act.

These standards are set to cover more than 200,000 boilers and incinerators that emit harmful pollution including mercury, cadmium, and particle pollution.

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"Home," a film about the effects of climate change sends a strong message

This film was recommended by one of our ELS members. This is what she had to say about "Home"-

This documentary was so moving I was crying. It's so important to please at least watch parts of it when you have nothing to do. Our planet is SO PRECIOUS and everyone is in immediate danger from climate change and humanity's depletion of our Earth's resources. Please pass this on because it was such an amazing and real documentary.

Wao. What an endorsement. I should check it out.


See the whole film here: Home. 

NYC looking at sewage treatment as source of renewable energy

I think it's incredible that New York City is thinking of more ways to make money out of our wastewater treatment by-products. This type of local innovation that helps the country take bigger strides towards clean(er)* energy.

Think about what's going on here: NYC collects all of our wastewater (via combined sewer and storm water system); filters out the organic material; cleans the water before sending it into the environment; and will now be selling energy (in the form of natural gas) in the open-market.

"Through a partnership with National Grid that is already in the works, officials said, the Newtown Creek Wastewater Treatment Plant in Brooklyn is expected to add enough methane gas to the city’s natural gas network next year to heat 2,500 homes." 

It's not like the City is new to this industry; it already sells "biosolids,"the end-product of dried sewer sludge, in the open market.

Hey, way to make the most of the situation, New York.

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*Clean energy from wastewater. The irony makes me laugh.