EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

by Denise A. Dragoo On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision requires the U.S. … Continue reading

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They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

by Maribeth M. Klein While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”) and the State of Colorado … Continue reading

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Murky Waters Following the Gold King Mine Spill

by Cynthia M. Chandley In the wake of actions taken on August 5, 2015 by contractors for the United States Environmental Protection Agency (EPA) that resulted in the Gold King Mine Spill, western states that rely on water from the … Continue reading

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Recent Developments in the Gold King Mine Spill

by Megan H. Tracy On Tuesday, May 4, 2016, the U.S. Senate Committee on Indian Affairs chair, Sen. John Barrasso (R-WY), and committee member, Sen. John McCain (R-AZ) formally requested a federal criminal investigation into the Gold King Mine spill. … 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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Proposed Amendments to BLM’s Planning 2.0 Initiative Could Significantly Impact the Management of Public Lands

by Christopher W. Payne On February 25, 2016, the United States Bureau of Land Management (“BLM”) published proposed amendments to its land use planning rules as a part of its “Planning 2.0” initiative that was launched in May 2015.  The purpose … Continue reading

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Moratorium on Federal Coal Leasing Issued by Secretary Jewell

By Denise A. Dragoo On January 15, 2016, Interior Secretary Jewell halted federal coal leasing on public lands. Western coal companies are attempting to sort out the implications of the moratorium and exemptions set out in Secretarial Order 3338.  The … Continue reading

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New Mexico Files RCRA Notice of Intent to Sue EPA

by Patrick J. Paul On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environment Protection Agency (EPA), the State of Colorado, and … Continue reading

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Lurking in the Shadows—Issues in Developing Historic Mine Properties: Part 1

by Jim Allen It’s a familiar admonition to exploration geologists seeking new mineral deposits:  Look first “in the shadow of the headframe.”  For a variety of reasons, a new source of production is more likely to be found not far … Continue reading

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Apparently Dilution Might be the Solution to Pollution

by Patrick Paul As we previously reported, less than a month ago contractors working under the guidance and direction of the United States Environmental Protection Agency (EPA) inadvertently triggered a breach at the abandoned Gold King mine near Silverton, Colorado, … Continue reading

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