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Border Patrol Continues to Test Drone Use

by Patrick J. Paul While legislative wrangling over construction of a border wall continues, unmanned aerial vehicles are a growing part of the nation’s defense strategy.  U.S. Customs and Border Protection (CBP) has implemented the Predator-B Unmanned Aircraft Systems (UAS) to prevent the unauthorized entry of terrorists, criminals and undocumented immigrants. CBP currently maintains and […]

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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

Trump Announces Drone Integration Pilot Program

by Patrick J. Paul On October 25, President Trump issued a memorandum directing Secretary of Transportation Elaine L. Chao to launch an initiative to safely test and validate advanced operations for drones in partnership with state and local governments in select jurisdictions. The Unmanned Aircraft Systems (UAS) Integration Pilot Program is intended to address the […]

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Local Drone Law Preempted

by Patrick J. Paul On September 21, 2017, in what is believed to be the first federal court ruling on the issue of local drone regulation, the United States District Court for the District of Massachusetts in Singer v. City of Newton, overturned a 2016 ordinance passed by the Newton, MA, City Council regulating pilotless aircraft […]

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Second Annual Arizona Drone Summit Held in Mesa

by Patrick J. Paul Earlier this month in collaboration with the Arizona Regional Economic Development Foundation, Arizona UAS Magazine produced and organized Arizona’s second annual Arizona UAS Summit & Expo at the Sheraton Mesa Hotel at Wrigleyville West in Mesa. The distinguished faculty addressed a wide array of issues impacting unmanned aircraft systems (UAS) including […]

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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

New Trump Appointee at EPA Should Help Reduce Backlogs and Delays

by Mitch Klein United States EPA Administrator Scott Pruitt has hired Henry Darwin to serve the U.S. Environmental Protection Agency as its Chief of Operations. Under both Republican and Democrat administrations, as the Director of the Arizona Department of Environmental Quality (ADEQ) Darwin has proven his abilities to streamline government bureaucracy.  He is a perfect selection […]

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MK

D.C. Circuit Revokes Drone Registration Rule

by Patrick J. Paul On Friday, May 19, 2017, less than a month after the National Park Service’s first use of a drone in a Grand Canyon search and rescue mission, the District of Columbia Circuit Court of Appeals struck down a Federal Aviation Administration (FAA) rule requiring owners of small unmanned aircraft operated for […]

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Mitchell J. Klein In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials. See Pollitt Drive, LLC v. Harvey Engel. While the case does not establish any precedent, […]

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MK

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 […]

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RH
Former Partner