Environmental and Natural Resources

Should Congress End Agency Deference?

By Stephen Smithson At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in City of Arlington v. FCC, 133 S.Ct. 1863, 1868 (2013) (citations omitted), Justice Scalia explained why […]

| 6 min read | Tagged: , ,
RH
Former Partner

Final BLM Planning 2.0 Rule Released

by Stephen Smithson The Bureau of Land Management (“BLM”) has released its final Planning 2.0 rule for publication in the Federal Register.  It will be effective 30 days after publication.  The rule is here. The rule represents a comprehensive change to the planning process because it focuses on planning on a landscape scale. One of […]

| 1 min read | Tagged: , , , ,
RH
Former Partner

New OSHA Silica Exposure Regulations Enacted – Decades After They Were Proposed

by Stephen W. Smithson On March 24, 2016, the Labor Department’s Occupational Safety and Health Administration (“OSHA”) finalized new regulations (https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-04800.pdf) for workplace silica exposure. The prior regulations were adopted in 1971 (http://ehstoday.com/osha/osha-issues-final-rule-silica), and OSHA has been considering revised regulations since the Clinton administration (http://www.wsj.com/articles/obama-administration-issues-rule-to-limit-exposure-to-silica-dust-1458828839). Silica exposure is common throughout many industries, as it is […]

| 1 min read | Tagged: , , ,
RH
Former Partner

Hardrock Mining Financial Assurances – Feasible?

By Stephen W. Smithson The EPA is slowly moving toward requiring the hardrock mining industry to provide financial assurances, pursuant to CERCLA 108(b). Although first required in 1980, these would be the first financial assurance requirements proposed by EPA. EPA recently announced that draft regulations are expected in 2016, with a final rule expected in […]

| 2 min read
RH
Former Partner