Articles by Lynn Kerr McKay, Counsel, King & Spalding LLP

by: Lynn Kerr McKay and Rachel Tennis

On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The energy industry, among others, will also find this proposed rule of interest because, on the same day, EPA announced its intention to move forward with the regulatory process for three other classes of facilities: chemical manufacturing, petroleum and coal products manufacturing, and electric power generation, transmission, and distribution. Read more

by: Rachel Tennis, Lynn Kerr McKay, Stephen McCullers and James Vines

Under a D.C. Circuit court order, EPA must propose new financial assurance requirements for the hard-rock mining industry—and identify industries next up for regulation—by December 1, 2016. There are a number of key issues that industry should consider when reviewing EPA’s forthcoming proposal.Read more

by: Lynn Kerr McKay and Bruce Hurley

A recent compendium of findings on the alleged harms of fracking and radon gas provides another opportunity for practitioners to emphasize the importance of using actual measurements rather than estimates to inform statements about risk. Past estimates were often unsupported or contrary to data, and generated artificial and inflated risks. Read more

by: Lynn Kerr McKay

Johns Hopkins University researchers reported a significant association between proximity to unconventional Marcellus Shale natural gas wells and radon concentrations on the first floor of buildings in Pennsylvania during the summer. The conclusions reached in this study should be scrutinized because of the methodology and collected data. Read more

by: Lynn Kerr McKay and Scott Greer

A recent ruling in Cooper v. Tokyo Electric Power Company, No. 12-CV-3032, S.D. Cal., Oct. 28, 2014, one of three lawsuits[1] filed in the United States related to the 2011 incident at the Fukushima-Daichi... Read more

by: Lynn Kerr McKay and Scott Greer

A recent ruling in Cooper v. Tokyo Electric Power Company, one of three lawsuits filed in the United States related to the 2011 incident at the Fukushima-Daichi nuclear power plant, highlights gaps in the application of methods for managing nuclear liability and the need for global expansion and strengthening of those methods.Read more

by: Lynn Kerr McKay

Regulators in Pennsylvania and Ohio are taking steps to address the presence of naturally occurring, and “technologically enhanced naturally occurring,” radioactive materials in shale gas wastes.Read more

by: Drew Bell and Lynn Kerr McKay

In the wake of preliminary findings that “strongly indicate” a Class II injection well induced tremors, including an earthquake measuring 4.0 on the Richter scale, Ohio proposed regulations to address concerns about induced seismicity from disposal wells. Read more

by: Drew Bell and Lynn Kerr McKay

Recent seismic events associated with the disposal of hydraulic fracturing wastewater may invite a regulatory response.Read more

by: Drew Bell and Lynn Kerr McKay

Although New York has been hesitant to develop its region of the Marcellus Shale, work proceeds on regulations that will permit the use of techniques required to produce natural gas from the formation.Read more