News & Analysis as of

Natural Resources Environmental Policies

Environmental Law: H.R. 2936 a Solution to Fire-borrowing?

by Lewitt Hackman on

The federal House Natural Resources Committee (HNRC) recently passed H.R. 2936, a bill to improve the overall health of forests and other lands across the country. The bill was introduced by Bruce Westerman (R-AK), who is...more

Pennsylvania Supreme Court Extends Its Landmark Robinson Township Decision in Pennsylvania Environmental Defense Foundation v....

by Ballard Spahr LLP on

The "Environmental Bill of Rights" is now indisputably the law of the land in Pennsylvania. A majority of the Pennsylvania Supreme Court reaffirmed and extended its landmark decision in Robinson Township v. Commonwealth, 83...more

New Committee Leadership in Congress - More Gridlock or a New Era of Environmental Lawmaking? ABA Pesticides, Chemical Regulation,...

During the Obama administration, in particular after the 2010 mid-term elections in which Democrats lost their majority in the U.S. House of Representatives, legislative gridlock became standard operating procedure in...more

Maine DEP Marches Toward Rulemaking on its Wind Energy Standards Rule

by Pierce Atwood LLP on

Expecting to initiate a formal rulemaking in March of this year, the Maine Department of Environmental Protection (DEP) invited final public comment on its pre-rulemaking draft Wind Energy Standards rule at a workshop held on...more

News from the Vermont State House - An Analysis from DRM’s Government & Public Affairs Team - January 2017 #2

by Downs Rachlin Martin PLLC on

Treasurer Will Build Public Pension Plan for Small Business - State Treasurer Beth Pearce on Wednesday asked the Senate Economic Development, Housing and General Affairs Committee to create the framework for a...more

Trump Cabinet Selections Signal Potential Changes to Environmental Regulations

by Snell & Wilmer on

As previously reported, President-elect Donald Trump’s victory could have profound implications for federal environmental regulation. Although the scope of the intended regulatory changes remains uncertain, President-elect...more

U.S. Fish and Wildlife Service Announces Changes to Mitigation Policy

by Nossaman LLP on

On November 21, 2016, the U.S. Fish and Wildlife Service (Service) published the final revisions to its Mitigation Policy. The Mitigation Policy, first published in 1981, guides the Service’s recommendations and requirements...more

California Environmental Law & Policy Update - November 2016 #3

by Allen Matkins on

Environmental and Policy Focus - BP to pay $14 million in settlement over gas storage tanks - San Jose Mercury News - Nov 17 - The BP oil company has agreed to pay $14 million to settle California...more

California Environmental Law & Policy Update - September 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Federal Plan divvies up California desert for conservation and energy projects - ABC News - Sep 14 - Swaths of public land in the California desert will be opened to solar and...more

DOJ’s Increased Focus on Environmental Criminal Cases

by Perkins Coie on

Recently, John C. Cruden, DOJ’s Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ’s environmental litigation, voiced a heightened commitment to enforcing...more

Up For Debate: What’s the Real Cost of Endangered Species Predation?

by Nossaman LLP on

On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act...more

Presidential Memorandum on Natural Resources Mitigation Policy: Avoid, Minimize and Compensate

by Perkins Coie on

President Barack Obama recently ordered the heads of five federal agencies (U.S. Department of Defense, U.S. Department of Interior, U.S. Department of Agriculture, U.S. Environmental Protection Agency and National Oceanic...more

Coming Soon to a Project Near You: Advance Compensation

Earlier this month, the White House released a Presidential Memorandum on “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” If that portentous title isn’t enough to make...more

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

by Nossaman LLP on

On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

News from Second and State

It was a quiet week in the capital city, with Monday being a national holiday and no voting session for either chamber. That’s not to say that nothing newsworthy happened. On Tuesday, Gov. Tom Wolf announced the creation of a...more

International News: Focus on Mining and Metals

by McDermott Will & Emery on

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

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

by Bergeson & Campbell, P.C. on

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

by Davis Wright Tremaine LLP on

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"

by Porter Hedges LLP on

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

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

by K&L Gates LLP on

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

by Best Best & Krieger LLP on

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

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

by BakerHostetler on

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

Governor Brown Outlines Budget Priorities for CalEPA and Natural Resources Agency

by Stoel Rives LLP on

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

by Burr & Forman on

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

by Allen Matkins on

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

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