Publications
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12.12.2022Biden Administration Authorizes Trust Lands for Alaska Tribes, Proposes Changes To Streamline Trust RegulationsUpdatesIn mid-November, the U.S. Department of the Interior announced that it can acquire lands in trust for Alaska’s 231 federally recognized tribes and establish Indian reservations. On the heels of this announcement, the department published proposed changes to its regulations that would make it easier for tribes to place lands in trust.
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08.2020Mines and Maui: So Much for Regulatory CertaintyArticlesThe Supreme Court’s decision in County of Maui disrupted long-settled understandings of the scope of the Clean Water Act and has created uncertainty for the mining industry and others.
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07.14.2020Supreme Court Revives Clean Water Act General Permit for Pipeline and Utility Line ProjectsUpdatesThe U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits.
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06.09.2020President Orders Federal Agencies to Further Expedite Environmental Project Approvals Using Emergency PowersUpdatesPressing ahead on his efforts to reduce delays in federal approvals necessary for major infrastructure projects, President Donald Trump on June 4 called for more streamlining in another executive order, Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities.
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12.14.2018Agencies Release Proposed Rule to Limit Clean Water Act JurisdictionUpdatesThe Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018.
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06.29.2017Agencies Release Proposed Rule to Rescind Obama-Era Clean Water RuleUpdatesThe Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that it replaced.
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08.11.2016Ninth Circuit Finds Navy’s Low Frequency Active Sonar Program Violates Marine Mammal Protection ActUpdatesIn NRDC v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit confirmed that the Marine Mammal Protection Act’s (MMPA) incidental take authorizations will be construed narrowly and conservatively, giving the benefit of doubt to marine mammal species.
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08.09.2016EPA Declines to Regulate Forest Road Discharges Under the Clean Water ActUpdatesThe Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act.
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08.05.2016EPA’s Mighty PowerLawyer Publications
American College of Environmental Lawyers
In Mingo Logan Coal Company v. EPA, the D.C. Circuit recently upheld EPA’s use of its “veto” authority over an Army Corps of Engineers permit to fill jurisdictional waters for the Spruce Mine in West Virginia. Section 404(c) of the Clean Water Act provides EPA authority to “deny or restrict the use of any defined area for specification (including the withdrawal of specification). -
07.14.2016Interior’s Trust Authority in Alaska Remains UnresolvedArticles
Law360
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07.07.2016Controversy Over Interior’s Trust Authority in Alaska Remains UnresolvedUpdatesA majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska tribes on the ground that the state’s challenge is moot.
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04.04.2016Open Questions Over Alaska Lands After SturgeonArticles
Law360
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04.01.2016Supreme Court Holds the Ninth Circuit Misinterpreted the Alaska National Interest Lands Conservation ActUpdates
The U.S. Supreme Court recently rejected the Ninth Circuit’s interpretation of § 103(c) of the Alaska National Interest Lands Conservation Act (ANILCA).
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03.17.2016Ninth Circuit Reinstates Polar Bear Habitat Designation, ESA Implications for the WestUpdatesIn a decision that could result in significant new restrictions on development activities in the Arctic as well as set important Endangered Species Act (ESA) precedent in the Western United States, the U.S. Court of Appeals for the Ninth Circuit recently reversed an Alaska district court’s judgment vacating the designation of critical habitat in Alaska for the polar bear.
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02.16.2016New Critical Habitat Regulations Published Under the Endangered Species ActUpdatesOn February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical habitat under the Endangered Species Act.
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03.2010From the Tongass to ANWR: The Role of Misinformation in Blocking DevelopmentArticles
Resource Review
Presentations
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11.02.2020 - 11.05.20202020 Alaska Mining Association Virtual ConventionSpeaking Engagements2020 AMA Convention / Virtual
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11.15.2017 - 11.16.201738th Annual Alaska Resources ConferenceSpeaking Engagements
Resource Development Council / Anchorage, AK
As President of the RDC, Eric served as a speaker and moderator at the 38th Annual Alaska Resources Conference. -
04.08.2016What Will / Would it Mean on the Ground – A View from AlaskaSpeaking Engagements
Panelist
Environmental Law Symposium: Waters of the United States
Lewis & Clark Law School / Portland, OR -
12.2015Energy in AlaskaSpeaking EngagementsAnchorage, AK
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09.25.2015Financial Assurance for Environmental ComplianceSpeaking EngagementsMining Agreements: Contracting for Goods and Services (RMMLF) / Vancouver, BCReclamation obligations and management of the property after mine closure can continue for many years.
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09.2015AK Oil and Gas CongressSpeaking EngagementsAnchorage, AK
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05.27.2015Keys to Successful Arctic Offshore OperationsSpeaking EngagementsPanelist
Arctic Offshore Operations Conference / Anchorage, AK -
12.08.2014Energy Markets and Regulation ConferenceSpeaking EngagementsAnchorage, AK
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11.20.2014RDC’s 35th Annual Alaska Resources ConferenceSpeaking EngagementsAnchorage, AK