CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Jeffrey Reeser On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the multi-agency governmental committee … Continue reading

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DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Timothy J. Sabo The United States has one of the most extensive natural gas pipeline networks in the world.  This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric system.  … Continue reading

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Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Chris Colyer The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of developments under the current Trump Administration and the … Continue reading

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United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

By Maribeth M. Klein Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability.  See El Paso Nat. Gas Co. v. United States, … Continue reading

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The Trump Administration Delivers Much Needed Relief to the Coal Industry

By Denise Dragoo, Natural Resources Partner, Snell & Wilmer, LLP During the first six months of the new Administration, President Trump has delivered much needed relief to the coal industry. The President and Congress have been particularly effective at rolling back … Continue reading

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Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

by Michael W. Patten The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of … Continue reading

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Apocalypse Now? Not Much Has Changed in the Last Six Months

by Raymond S. Heyman It has almost been six months since the Trump administration came into power. At that time, energy and environmental stakeholders were either celebrating the advent of a period of progressive reform or lamenting the end of … Continue reading

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EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

by Patrick J. Paul On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule.  The … Continue reading

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New Trump Appointee at EPA Should Help Reduce Backlogs and Delays

by Mitch Klein United States EPA Administrator Scott Pruitt has hired Henry Darwin to serve the U.S. Environmental Protection Agency as its Chief of Operations. Under both Republican and Democrat administrations, as the Director of the Arizona Department of Environmental … Continue reading

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New Fed Policy Eliminates Ability of Settlement Options to Include Payments to Non-Party NGOs

By Mark Johnson On June 7, 2017, United States Attorney General Jeff Sessions issued a memorandum to all Department of Justice (DOJ) components and 94 United States Attorney’s Offices prohibiting them from entering into any agreement on behalf of the … Continue reading

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