Environmental and Natural Resources

WOTUS Redefined: The New Definition of Waters of the United States

by Farris J. Gillman On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point source permits under Section 402 (National Pollution Discharge Elimination System) and dredge and fill permits […]

| 5 min read | Tagged: , , , , , ,
FG
Former Associate

FERC Adopts Favorable Buckeye XPress Environmental Assessment; Greenhouse Gas Emissions Not A Prohibitive Factor

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” on “the quality of the human environment.”[2]  The EA conditions approval on adherence to all […]

| 2 min read | Tagged: , , , ,
KD
FG
Former Associate

FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.”[2]  The Natural Gas Act (“NGA”) provides that “[w]hen any holder of a certificate . . . cannot acquire by contract . […]

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KD
FG
Former Associate

Log It or Lose It: New Economic Opportunities Open as the Forest Service Changes Its Management Tactics in Northern Arizona

by Farris Gillman, Lucas Narducci, and Patrick Paul Opportunity for business in Arizona is booming.  In a May 2019 ranking in Chief Executive Magazine, Arizona jumped to seventh best state to do business. Arizona is well known for its mineral deposits, but timber was once one of the state’s leading industries. Northern Arizona has millions […]

| 5 min read | Tagged: , , , ,
FG
Former Associate
LN
PP

Supreme Court Declines to Review Decision Preventing New Uranium Mines Near Grand Canyon

by Farris J. Gillman On October 1st, the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision in a case that could have reopened an area of Arizona located north of the Grand Canyon and south of Utah, known as the Arizona Strip, to new mines, including uranium mines. Denying review, […]

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FG
Former Associate

FERC to Consider Updating PURPA: May Signal Big Changes Without New Legislation

by Farris J. Gillman The Federal Energy Regulatory Commission (FERC) announced at its most recent monthly conference that it is taking a new look at PURPA. The Public Utility Regulatory Policies Act (PURPA) was enacted in 1978 in response to the 1970’s energy crisis. It was meant to decrease energy demand by implementing conservation measures […]

| 3 min read | Tagged: , ,
FG
Former Associate

Industry, NGOs, Republicans, and Democrats Bond over Chemistry

by Michael C. Ford and Farris J. Gillman* The Frank R. Lautenberg Chemical Safety for the 21st Century Act was passed in the House by an overwhelming vote of 403 – 12.  After passing the Senate, it was signed into law by President Obama on June 22, 2016. The Lautenberg Act is the first major […]

| 4 min read | Tagged: , , ,
MF
FG
Former Associate