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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ADEQ Considers Seeking Primacy for the Clean Water Act 404 and Safe Drinking Water Act Underground Injection Control Programs

By Michael Ford On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory programs: the Clean Water Act … Continue reading

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U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

By L. William Staudenmaier Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater . The Ninth Circuit’s decision has very significant … 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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California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court … Continue reading

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Should Congress End Agency Deference?

By Stephen Smithson At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in City … Continue reading

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Environmental Enforcement Under Trump – Be Careful What You Wish For

By Mitch Klein Regardless of whether you are a Trump supporter or Trump hater, and there certainly seems to be very few people who are indifferent to the guy, trying to prognosticate what he will do is very difficult. He … Continue reading

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Trump Cabinet Selections Signal Potential Changes to Environmental Regulations

By Chris Colyer As previously reported here, President-elect Donald Trump’s victory could have profound implications for federal environmental regulation. Although the scope of the intended regulatory changes remains uncertain, President-elect Trump’s recent Cabinet nominations—most notably Scott Pruitt as Administrator of … Continue reading

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In a Victory for Businesses and Developers, the United States Supreme Court Holds that Clean Water Act Jurisdictional Determinations Are Appealable

by Chris Colyer The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq. This decision, United … Continue reading

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Is Coal Down For The Count

by J. Matthew Derstine Last week Peabody Energy announced that it filed bankruptcy.  Peabody is the nation’s largest coal company.  The filing by Peabody comes on the heels of the January 2016 bankruptcy filing by Arch Coal, the nation’s second … Continue reading

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