News & Analysis as of

National Environmental Policy Act Mining

Important news for mining companies with existing or future projects in the California desert

BLM releases maps showing 1.3 million acres of proposed mining withdrawal - On January 13, 2017, the U.S. Bureau of Land Management (“BLM”) released maps showing the areas that BLM, on December 28, 2016, proposed to...more

Forecast for Energy and Environment Regulations

by Holland & Knight LLP on

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

Federal and State Wildlife and Natural Resources Managers Collaborate on Historic Conservation Agreement

by WilmerHale on

The WilmerHale Energy, Environment and Natural Resources group was proud to represent Newmont Mining in working with state and federal entities, among other stakeholders, to develop a historic 1.5-million-acre voluntary,...more

District of Arizona Rethinks NEPA’s Zone of Interests in Light of Recent Supreme Court Opinion on “Prudential” Standing

by BakerHostetler on

On September 30, 2014, the United States District Court for the District of Arizona (Campbell, D.J.) issued an order in Yount v. Salazar, Nos. 11-8171 et al., 2014 WL 4904423 (D. Ariz. Sept. 30, 2014). As part of this order,...more

Inside the Mining Industry: An Arizona Mining Lawyer Discusses Key Challenges, Opportunities & Trends for 2014 and Beyond

Other than market forces, Federal permitting processes continue to be a primary cause of delay for new mines and the expansion of existing mines throughout the United States. The federal government manages a significant...more

The Federal Tail Should Not Wag the Non-Federal Dog: The Sixth Circuit Concludes that the Corps’ Review of Mountaintop Removal...

The Sixth Circuit Court of Appeals has ruled, in Kentuckians for the Commonwealth v. Army Corps of Engineers, that the scope of review by the Army Corps of Engineers of § 404 permit applications for fills related to...more

There May Be Trouble Ahead: Legal Challenges on Home Turf Threaten U.S. Ex-Im Bank Funding for Foreign Mining Projects

by White & Case LLP on

The Export-Import Bank of the United States (Ex-Im Bank) is facing a new wave of legal challenges related to the financing of natural resource projects outside of the US, and which threaten to de-rail one of Western...more

Ninth Circuit Clarifies NEPA Supplementation Requirements And Rules That Mining Plans Of Operations Do Not Expire After Temporary...

by Perkins Coie on

On February 4, 2013, a Ninth Circuit panel held that the Bureau of Land Management (BLM) did not violate the National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA), or its own mining...more

Energy Newsletter - December 2012

by King & Spalding on

In This Issue: - DISPUTE RESOLUTION: - Tort Litigation: Reforming NEPA Review of Energy Projects - TRANSACTIONAL: - Transactions: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to...more

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