Ballot Initiatives Make it to Colorado Secretary of State’s Office

by Frances Folin Earlier this month, proponents of competing ballot initiatives affecting oil and gas exploration and development made their way to the Colorado Secretary of State’s Office. Certification by the Secretary of State that proponents have obtained the required … Continue reading

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Divided Arizona Supreme Court Greenlights Major Development in Southern Arizona

by L. William Staudenmaier On August 9, 2018, the Arizona Supreme Court issued a decision with potentially important implications for future residential and commercial development in Arizona. In Silver v. Pueblo Del Sol Water Company, a divided court held that the … Continue reading

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Trump’s Regulatory Reform Initiatives Meet the Endangered Species Act

by Michael C. Ford The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered Species Act (ESA).  … Continue reading

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Protests Flow Freely After Utah and Idaho Apply to Appropriate 400,000 Acre Feet of Water From Bear Lake

by Graham J. Gilbert Bear Lake straddles the Utah-Idaho border.  While it was originally an isolated, natural lake, improvements installed over a century ago connected the lake to the nearby Bear River and allowed it to be operated as a … Continue reading

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Epic WOTUS Thriller for your Summer Reading List

by Michael C. Ford There’s yet more breaking news on the Trump administration’s efforts to clarify the scope of the federal government’s Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S. Army Corps … Continue reading

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In Colorado, Ballot Initiatives Are Back in Full Force

by Frances Folin As primary season for midterm elections gets underway, so too does canvasser season. In Colorado alone, canvassers are out in full force and looking to get enough voter signatures for a number of different initiative statutes and … Continue reading

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FERC to Consider Updating PURPA: May Signal Big Changes Without New Legislation

by Farris J. Gillman The Federal Energy Regulatory Commission (FERC) announced at its most recent monthly conference that it is taking a new look at PURPA. The Public Utility Regulatory Policies Act (PURPA) was enacted in 1978 in response to … Continue reading

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Can Trump EPA Administrator Pruitt Survive?

by Patrick J. Paul With midterm elections looming, the prospects of a blue wave strengthening, and a consistent shuffling of the Trump cabinet, former Oklahoma Attorney General and current EPA administrator Scott Pruitt now finds himself in the hot seat. … Continue reading

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Arizona Governor Doug Ducey Signs Legislation to Eliminate ‘Chevron Deference’

By Chris Colyer On April 11, 2018, Arizona Governor Doug Ducey signed House Bill 2238, which eliminates the judicial doctrine commonly known as “Chevron deference.” One of the most well-known doctrines of administrative law, “Chevron deference” is named after the … Continue reading

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Reauthorization of Federal Land Transaction Facilitation Act Offers Opportunities for Federal Land Users, Conservation

by John W. Andrews Buried deep inside the recently passed Consolidated Appropriations Act of 2018, legislation reviving the formerly expired Federal Land Transaction Facilitation Act (FLTFA) offers opportunities for potential purchasers of federal public lands, while also creating a source … Continue reading

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