What happened to all the big changes at Trump’s EPA?

By Mitch Klein Following the presidential election, much was made of the enormous changes that the new president intended to make at the EPA, and his choice for Director, Scott Pruitt, resulted in heated opposition and a frenzied uproar from … Continue reading

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The Arizona Corporation Commission’s Landmark Proposed Energy Modernization Plan

by Raymond S. Heyman On January 30, 2018, Commissioner Andy Tobin submitted an expansive Proposed Energy Modernization Plan in Arizona Corporation Commission, Docket No. E-00000Q-16-0289. This docket, the “Review, Modernization and Expansion of the Arizona Renewable Energy Standards and Tariff … Continue reading

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COGCC Issues New Rules on Flowline Disclosure

By Frances Folin With the booming population in Colorado, more and more people have found themselves moving closer to oil and gas operations. This has had some grave consequences in recent times, but the industry has been quick to respond … Continue reading

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Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

by Mark D. Johnson On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel … Continue reading

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Border Patrol Continues to Test Drone Use

by Patrick J. Paul While legislative wrangling over construction of a border wall continues, unmanned aerial vehicles are a growing part of the nation’s defense strategy.  U.S. Customs and Border Protection (CBP) has implemented the Predator-B Unmanned Aircraft Systems (UAS) … Continue reading

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SCOTUS Sends WOTUS Back TO District Courts

by Patrick J. Paul On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States (WOTUS) Rule should … Continue reading

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Oil and Gas Industry Seeks to Reframe Mindset on “Infrastructure”

by Frances A. Folin With the uptick in exploration and development resulting from rising oil prices, once again the task of getting resources from their (often rural) development locations to their ultimate destinations has moved to the forefront of the … Continue reading

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Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals

By: Graham Gilbert In McElhaney v. City of Moab, 2017 UT 65, —- P.3d —-, the Utah Supreme Court held that an adjudicative land use decision, and likely all administrative decisions subject to substantial evidence review on appeal, must include … Continue reading

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Senate and House Tax Bills Provide Support For Oil And Gas Industry

by Adam A. Veltri The tax reform bills that passed the U.S. Senate and House of Representatives may provide a windfall of potential tax benefits and breaks for some oil and gas infrastructure developers and operators. In addition to lowering … Continue reading

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Western Governors Determined To Strengthen Relationships Under Trump Administration

by Amanda Reeve The Western Governors’ Association (“WGA”) convened for its 2017 Winter Meeting in Phoenix, Arizona on December 1-2 to discuss western policy and announce its Policy Resolutions for 2018.  While discussions focused on workforce development, natural resources management, … Continue reading

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