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Trump’s Executive Order Requires Hard Look at National Monument Designations

By Maribeth M. Klein By executive order, President Trump directed the Department of Interior to review national monuments designated since 1996 under the Antiquities Act of 1906. The Antiquities Act grants the President authority to designate “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest” on federal lands as national […]

LW
Former Proposals Specialist

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court (citing Laurel Heights Improvement Association v. Regents of University of California, 47 Cal. 3d 376, […]

RM
Former Partner

Texas Supreme Court Rules Pipeline Can Take Land by Eminent Domain

by Rachel M. Lynn On January 6, the Texas Supreme Court ruled that the Denbury Green Pipeline-Texas LLC (“Denbury Green”) could take private property by eminent domain. In Denbury Green Pipeline-Texas LLC v. Texas Rice Land Partners Ltd., the decision turned on the question of whether or not Denbury Green qualified as a “common carrier” […]

| 3 min read
RL
Former Associate

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

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. […]

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

by Mark D. Johnson Change is inevitable.  Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes.  Do the changes require a further or modified California Environmental Quality Act (“CEQA”) analysis?  A new California Supreme Court case, Friends of the College of San Mateo Gardens […]

MJ
Former Partner

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 […]

| 2 min read
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

Recent Developments in the Gold King Mine Spill

by Megan H. Tracy On Tuesday, May 4, 2016, the U.S. Senate Committee on Indian Affairs chair, Sen. John Barrasso (R-WY), and committee member, Sen. John McCain (R-AZ) formally requested a federal criminal investigation into the Gold King Mine spill. In a letter to U.S. Attorney General Loretta Lynch, Sens. Barrasso and McCain stated that […]

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

Proposed Amendments to BLM’s Planning 2.0 Initiative Could Significantly Impact the Management of Public Lands

by Christopher W. Payne On February 25, 2016, the United States Bureau of Land Management (“BLM”) published proposed amendments to its land use planning rules as a part of its “Planning 2.0” initiative that was launched in May 2015.  The purpose of the Planning 2.0 initiative is to modernize the BLM’s planning process and increase public […]

| 2 min read | Tagged: , ,
CP
Former Associate