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Voter Initiatives to Limit Mineral Development in Western States Fail

by John W. Andrews Voters in several western states on November 6th defeated citizen-initiated ballot initiatives that would have heavily regulated mineral and energy development.  The highest profile failed initiative was Colorado’s Proposition 112, which would have prohibited new oil and gas drilling within 2500 feet of any structure in the state, or within the […]

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

In Colorado, Ballot Initiatives Are Back in Full Force

by Frances Folin As primary season for midterm elections gets underway, so too does canvasser season. In Colorado alone, canvassers are out in full force and looking to get enough voter signatures for a number of different initiative statutes and constitutional amendments concerning energy, property rights, and fracking.  The Colorado initiatives and amendments are varied, […]

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FF
Former Associate

2018 Utah Legislative Session Provides Support for Rural Jobs, Mining and Natural Resource Infrastructure Development

by Denise Dragoo (The following article appears in The Enterprise – Utah’s Business Journal) In his 2017 State of the State address, Gov. Gary R. Herbert challenged Utah businesses to create 25,000 jobs in 25 rural counties throughout Utah over his next four-year term. During the 2017 Legislative Session, the governor’s Rural Jobs Initiative was […]

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EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by John D. Burnside In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining operations to fund the estimated cost of future Superfund cleanup. EPA’s decision effectively withdraws proposed rules published January 11, 2017, […]

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CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Jeffrey Reeser On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the multi-agency governmental committee established to evaluate and clear foreign acquisitions of U.S. businesses based on national security grounds. […]

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JR
Former Partner

The Trump Administration Delivers Much Needed Relief to the Coal Industry

By Denise Dragoo, Natural Resources Partner, Snell & Wilmer, LLP During the first six months of the new Administration, President Trump has delivered much needed relief to the coal industry. The President and Congress have been particularly effective at rolling back policies proposed at the end of the previous Administration. Half-way through this first year, a […]

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EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

by Denise A. Dragoo On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision requires the U.S. EPA to follow the mandate of Section 321 of the Clean Air Act, 42 U.S.C. […]

They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

by Maribeth M. Klein While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”) and the State of Colorado in the wake of the disastrous release from the Gold King Mine into the Animas […]

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MK
Former Counsel

Murky Waters Following the Gold King Mine Spill

by Cynthia M. Chandley In the wake of actions taken on August 5, 2015 by contractors for the United States Environmental Protection Agency (EPA) that resulted in the Gold King Mine Spill, western states that rely on water from the Animas River, the San Juan River, and the Colorado River may be left with long-term […]

CC
Former Partner