News & Analysis as of

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

Ninth Circuit Rejects Environmental Groups’ RCRA Claims Against Railyard Operators

The Ninth Circuit has affirmed the dismissal of claims by environmental groups attempting to characterize air emissions from California railyards as “disposal” of waste under the Resource Conservation and Recovery Act (RCRA)....more

EPA Lays Out Its Vision for the Future of the RCRA Regulatory Program

Enacted in the bicentennial year of 1976, the Resource Conservation and Recovery Act (RCRA) is approaching its 40th anniversary. To celebrate this milestone, and to lay a path forward for the future of the RCRA program, EPA...more

Alaska Department of Natural Resources Seeks Comment on Precedent-Setting Instream Flow Water Right

Instream flow rights can be controversial among consumptive water users because they decrease the legally available supply of water for other uses that may arise in the future. Conversely, instream flow rights are often...more

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate...more

Capital Thinking: Environment and Natural Resources

Regulatory Activity - EPA TO HOLD PUBLIC HEARINGS ON CLEAN POWER PLAN - This week, the Environmental Protection Agency (EPA) will hold public hearings in Washington D.C., Atlanta, Denver and Pittsburgh to...more

Capital Thinking: Environment and Natural Resources

REGULATORY ACTIVITY - EPA APPROVES NEW MEASUREMENTS FOR OZONE - In significant news for entities attempting to maintain or attain the National Ambient Air Quality Standards (NAAQSs), the Environmental Protection...more

The Wind River Reservation Treatment-as-State Controversy: How Confusion Undermines Opportunities for Cooperative Governance

Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource...more

Water Scarcity: A Role for Reasonableness and Physical Solution in Water Law in an Era of Climate Change

Climate change is essentially a water problem. Whether it is drought, flood, changing hydrology or rising sea levels, the impacts of climate change all involve water to some extent. Even those who deny that human activities...more

Capital Thinking: Environment and Natural Resources

Future Climate Scenarios - The Environmental Protection Agency (EPA) has released phase-two of its National Stormwater Calculator. EPA highlights that “the updated calculator includes future climate vulnerability...more

Legislative Update Report - No. 2014-02 - Jan 24, 2014

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Ohio Ways and Means Committee Receives Testimony on Horizontal Drilling Tax Proposal

On January 8 and 15, 2014 the Ohio House of Representatives Ways and Means Committee received testimony on House Bill 375 (“HB 375” or the “Bill”). The Bill, previously reported on this blog, would introduce a new tax on...more

General Statements About Future Expansion Do Not Trigger NEPA “Cumulative Impact” Analysis Requirement For CWA Section 404 Permit

In a ruling that stands to benefit project proponents, the Ninth Circuit Court of Appeals, in Jones v. National Marine Fisheries Service, Case No. 11-35954 (9th Cir., Dec. 20, 2013), found that the Army Corps of Engineers...more

Governor Brown Outlines Budget Priorities for CalEPA and Natural Resources Agency

Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for...more

Florida Adopts A Statewide Rule For Environmental Resource Permits

Following new state legislation granting the Florida Department of Environmental Protection (“FDEP”) the authority to establish one statewide rule for the environmental resource permitting (“ERP”) program, FDEP in early...more

California Environmental Law and Policy Update - July 25, 2013

Environmental and Policy Focus: Interior Chief defends federal hydraulic fracturing regulations -- Bloomberg - Jul 18: Interior Secretary Sally Jewell drew on her experience as a former oil-industry engineer to defend...more

DOE Statement on Marcellus Shale Hydraulic Fracturing Study

This is a revised alert reflecting updated information in a July 19 National Energy Technology Laboratory (NETL) media release, which clarified prior NETL statements on the hydraulic fracturing study contained in earlier...more

President Obama's Action Plan on Climate Change and Its Relevance for Saudi Arabia

On Tuesday, June 25, President Barack Obama presented his Administration’s 21- page Action Plan on climate change. The President committed the United States to cutting greenhouse gases to the range of 17 percent...more

Environmental Law Alert - June 2013: Environmental Cases Decided by the Supreme Court During its Recent Term

Although the Supreme Court’s decisions regarding the Voting Rights Act, affirmative action, and gay marriage earned most of the attention during the 2012-2013 term, a number of significant decisions with regard to...more

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