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Environmental Protection Agency (EPA) Mining

Womble Bond Dickinson

The Case for Permitting Reform

Womble Bond Dickinson on

This is the first article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Allen Matkins

California Environmental Law & Policy Update 2.23.24

Allen Matkins on

During arguments on Wednesday in the most significant environmental dispute before the U.S. Supreme Court this year, the Court's conservative justices expressed skepticism over the Environmental Protection Agency's efforts to...more

(ACOEL) | American College of Environmental...

The Rise and Decline of Coal Mining Jobs, 1970-2022

Coal production and mining jobs over the past half-century have been influenced by several factors, principally demand from the utility sector, technological breakthroughs in natural gas production, railroad deregulation, and...more

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

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

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

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

Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides...

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more

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

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program (UPDATE)

As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality...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

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

State Assumption Under Section 404 of the Clean Water Act: Environmental Council of the States Proposed Amendments

The Environmental Council of the States (“ECOS”) transmitted a June 26th letter to the Chairmen and Ranking Members of the United States House of Representatives Committee on Transportation and Infrastructure and Water...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020

Coal Earnings Set to Plunge 50% in North America, Moody's Says - "Earnings for North American coal miners may plunge by more than half this year as the coronavirus pandemic makes a weak market even worse, according to...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

Pillsbury - Gravel2Gavel Construction & Real...

DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry

In a decision that will likely be welcomed by the electrical power, chemical manufacturing, and petroleum and coal products manufacturing industries, on July 19, 2019, the U.S. Court of Appeals for the District of Columbia...more

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

Hardrock Mining/Superfund: D.C. Circuit Court of Appeals Decision Addressing U.S. Environmental Protection Agency Declination to...

The United States Court of Appeals for the District of Columbia (“Court”) issued a July 19th decision addressing the United States Environmental Protection Agency’s (“EPA”) decision to not develop financial responsibility...more

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

Takings/Mineral Rights Lessee: Court of Federal Claims Addresses U.S. Environmental Protection Agency Withdrawal of 404 Permit

The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...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

Williams Mullen

Environmental Notes - May 2018

Williams Mullen on

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

Williams Mullen

EPA Halts Financial Assurance Requirements for Hardrock Mining

Williams Mullen on

EPA continues to walk-back Obama-era regulations. The beneficiary this time is the mining industry, with EPA stating its intention not to issue a final rule establishing financial responsibility requirements for hardrock...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2018 #3

Trump Budget Seeks 23 Percent Cut at EPA, Eliminating Dozens of Programs - "The fiscal 2019 proposal released marks the Trump administration's latest attempt to shrink the reach of an agency the president once promised to...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Husch Blackwell LLP

Wisconsin Indian Tribe Sues Federal Government to Get Involved in Permitting of Mine in Michigan’s Upper Peninsula

Husch Blackwell LLP on

The Menominee Indian Tribe of Wisconsin has sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty Mine, arguing that EPA and Corps have...more

King & Spalding

Energy Newsletter - January 2018

King & Spalding on

Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals - The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply,...more

King & Spalding

EPA Scraps CERCLA Financial Responsibility Proposal

King & Spalding on

On December 1, 2017, the United States Environmental Protection Agency (“EPA”) signed a final rule informing the public of its decision not to issue financial responsibility regulations applicable to hardrock mining...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

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