News & Analysis as of

Environmental Policies Environmental Protection Agency (EPA) Mining

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Foley Hoag LLP - Environmental Law

Who Gets To Decide What is a Major Source That Requires a Permit? That’s a Fine Question

Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more

Snell & Wilmer

EPA Announces New Office of Mountains, Deserts, and Plains

Snell & Wilmer on

Declaring that the days of a one-size-fits-all approach to environmental remediation are over, U.S. Environmental Protection Agency (EPA) announced on September 2, 2020, the creation of a new office Mountains, Deserts, and...more

Snell & Wilmer

Environmental Groups’ Push to Impose Additional Financial Assurance Requirements on the Hardrock Mining Industry Rejected by the...

Snell & Wilmer on

A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the...more

Miles & Stockbridge P.C.

Hard Rock Dollars: DC Circuit Arguments on Superfund Financial Assurance Rules

Although most basic questions under the federal “Superfund” law have long since been addressed in detail by the federal EPA and the federal courts, Section 108 - Superfund’s “financial assurance provision” - is only now...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Comprehensive Environmental Response, Compensation and Liability Act/Hardrock Mining: February 21st Announcement of Declination to...

The United States Environmental Protection Agency (“EPA”) published a February 21st Federal Register Notice announcing its decision to not issue final regulations for Comprehensive Environmental Response, Compensation and...more

Miles & Stockbridge P.C.

Blessed (Financial) Assurance: EPA Changes Superfund Direction

Miles & Stockbridge P.C. on

On Friday, December 1, 2017, the U.S. Environmental Protection Agency (EPA) decided NOT to finalize rules to require hard rock mines and mineral processing operations to provide financial assurance to fund future cleanups of...more

Perkins Coie

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Snell & Wilmer

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

Snell & Wilmer on

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...more

Seyfarth Shaw LLP

EPA Determines No Need For Additional Superfund Financial Responsibility Rules For Hardrock Mining Industry

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...more

Stoel Rives LLP

EPA Proposes to Require $7+ Billion of Financial Assurances from U.S. Hardrock Mining Industry Under CERCLA Section 108(b)

Stoel Rives LLP on

Last week the EPA officially published its proposal to impose over $7 billion of financial assurance requirements on the owners and operators of currently active or idle hardrock mines and mineral processing facilities. 82...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

King & Spalding

EPA Issues Financial Responsibility Requirements for the Hardrock Mining Industry and Announces Intent to Regulate Other...

King & Spalding on

On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and...more

Holland & Knight LLP

EPA Proposes Financial Responsibility Requirements for Hardrock Mining Industry - The Proposed Rule Could Set a Precedent for...

Holland & Knight LLP on

U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy on Dec. 1, 2016, signed a pre-publication version of a proposed rule that seeks to establish financial responsibility requirements for approximately 221...more

Foley Hoag LLP - Environmental Law

EPA Wins Two Clean Water Cases in One Day: The Fourth Circuit Affirms a Narrow Construction of the Permit Shield Defense

Yesterday, I noted that the D.C. Circuit rejected challenges to EPA’s Enhanced Coordination Process and Final Guidance on Clean Water Act permitting for mining activities. It was not EPA’s only CWA victory. On the same day,...more

Davis Wright Tremaine LLP

EPA Issues Assessment of Bristol Bay and Large-Scale Mining

On January 15, the Environmental Protection Agency (“EPA”) issued its final Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska, concluding that large-scale mining in the region poses risks to...more

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