Natural Resources Environmental Policies

News & Analysis as of

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

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...

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

A Brave New World of Water Regulation

A brave new world of water regulation - Since the state of California was born, the right to extract and use groundwater has been virtually unregulated — the law has provided few tools to limit or manage how...more

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

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

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

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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