American Oil and Gas Reporter - October 2015 - 20
IndustryDigest
administration's Clean Power Plan has
been rebuffed for a second time by the
U.S. Court of Appeals for the D.C.
Circuit.
Thirteen attorneys general
challenged the White House's rules to
limit carbon dioxide emissions the day
after the White House announced the
plan and released a preliminary draft in
early August (AOGR, Sept. 2015, pg.
160). However, according to published
reports, the D.C. Circuit held the states'
request to stop the plan was premature
because the final rule had not yet been
published in the Federal Register.
Joining West Virginia in the lawsuit
were Alabama, Indiana, Kansas,
Kentucky, Louisiana, Nebraska, Ohio,
Oklahoma, South Carolina, South
Dakota and Wyoming.
It was the second time the D.C.
Circuit had denied the states an
opportunity to challenge the
administration's plans to limit CO2
emissions from electric generating
facilities. A similar group led by West
Virginia sought an injunction when the
20 THE AMERICAN OIL & GAS REPORTER
Environmental Protection Agency
released its preliminary CO2 rules for
existing power plants in June 2014. The
D.C. Circuit denied that petition in June
2015, saying, "(C)ourts have never
reviewed proposed rules,
notwithstanding the costs parties may
routinely incur in preparing for
anticipated final rules (AOGR, July
2015, pg. 15)." r
Court Sides With PBPA,
Vacates ESA Listing Of
Lesser Prairie Chicken
MIDLAND-The U.S. Fish &
Wildlife Service failed to fully evaluate
the effectiveness of states' conservation
plans before it listed the lesser prairie
chicken (LPC) as threatened, a federal
judge said in September.
Ruling in a case filed by the Permian
Basin Petroleum Association, Judge
Robert Junell of the U.S. District Court
for the Western District of Texas
decided USFWS failed to follow its
own rules when it listed the LPC as
threatened under the Endangered
Species Act. The service published the
listing April 10, 2014, and PBPA
challenged it two months later.
According to court documents,
PBPA's lawsuit alleged:
* USFWS did not adhere to its
Policy for Evaluation of Conservation
Efforts (PECE), which requires a twopart analysis.
* The service failed to cite a
rational decision to list the LPC as a
threatened species based on the best
available scientific evidence.
* USFWS did not respond to
significant and relevant comments
submitted by PBPA and other groups.
The court found USFWS did conduct
an analysis, however, it was neither
"rigorous" nor valid as USFWS failed
to consider important questions and
material information necessary to make
a proper evaluation, Junell said in ruling
in PBPA's favor on the first allegation.
He granted summary judgment in favor
American Oil and Gas Reporter - October 2015
Table of Contents for the Digital Edition of American Oil and Gas Reporter - October 2015
Contents
American Oil and Gas Reporter - October 2015 - Cover1
American Oil and Gas Reporter - October 2015 - Cover2
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American Oil and Gas Reporter - October 2015 - Cover3
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