The Ninth Circuit recently rejected an interpretation of the Energy Policy Act that exempted certain oil and gas operations from storm water controls. You can read a blog about the decision at http://eartotheground.typepad.com/weblog/2008/05/exempting-oil-and-gas-operations-from-stormwater-rules-is-overruled.html.
This decision could have significant effect on oil and gas operations in West Virginia, which are subject to best management practices but not storm water permitting.
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