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Colorado Oil and Gas Operators Breathe Sigh of Relief

by Frances Folin Yesterday, the Colorado Supreme Court handed down its much-anticipated decision in the COGCC v. Martinez case (2019 CO 3).  To the relief of oil and gas companies operating in Colorado, the Colorado Supreme Court found in favor of the Colorado Oil and Gas Conservation Commission and overturned a hotly-contested Colorado Court of […]

FF
Former Associate

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

Welcome Reforms in Federal Coal Leasing, Permitting and NEPA Streamlining

by Denise A. Dragoo The Utah coal industry has benefited from recent reforms in federal coal leasing, permitting and streamlining of environmental review under the National Environmental Policy Act (“NEPA”).  During the previous administration, applications to lease millions of tons of federal coal reserves encountered significant delays in NEPA review and were ultimately halted by […]

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Ballot Initiatives Make it to Colorado Secretary of State’s Office

by Frances Folin Earlier this month, proponents of competing ballot initiatives affecting oil and gas exploration and development made their way to the Colorado Secretary of State’s Office. Certification by the Secretary of State that proponents have obtained the required 98,492 valid signatures is the final step to getting the initiatives on this November’s ballot. […]

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FF
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

Reauthorization of Federal Land Transaction Facilitation Act Offers Opportunities for Federal Land Users, Conservation

by John W. Andrews Buried deep inside the recently passed Consolidated Appropriations Act of 2018[1], legislation reviving the formerly expired Federal Land Transaction Facilitation Act (FLTFA) offers opportunities for potential purchasers of federal public lands, while also creating a source of funding for important conservation transactions. Originally enacted by Congress in 2000, FLTFA authorized the […]

Oil and Gas Industry Seeks to Reframe Mindset on “Infrastructure”

by Frances A. Folin With the uptick in exploration and development resulting from rising oil prices, once again the task of getting resources from their (often rural) development locations to their ultimate destinations has moved to the forefront of the public mind. The President’s highly anticipated infrastructure improvement plan is set to be released soon, […]

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FF
Former Associate

Western Governors Determined To Strengthen Relationships Under Trump Administration

by Amanda Reeve The Western Governors’ Association (“WGA”) convened for its 2017 Winter Meeting in Phoenix, Arizona on December 1-2 to discuss western policy and announce its Policy Resolutions for 2018.  While discussions focused on workforce development, natural resources management, disaster preparedness, technology and transportation and infrastructure; at the heart of all these conversations was […]

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AR
Environmental & Regulatory Policy Advisor

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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