Publications
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06.22.2023NEPA Reforms May Aid Project Speed, But Red Tape RemainsArticles
Law360
After much debate, a bipartisan Congress suspended the public debt ceiling until 2025 by passing the Fiscal Responsibility Act of 2023, which President Joe Biden signed on June 3. -
02.02.2022
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12.09.2020Mining Proposal Raises Questions About Permitting CouncilArticles
Law360
Nearly five years after it was established, the Federal Permit Improvement Steering Council has proposed adding the mining sector to the list of infrastructure sectors covered by Title 41 of the Fixing America's Surface Transportation Act, or FAST-41. -
07.16.2020Just Add Water: Permitting, State Sovereignty, and the Marble Cake DebacleArticles
American Bar Association - Summer 2020: Licensing and Permitting
Deciding where federal environmental authority should give way to state and local jurisdiction—“baking the marble cake of federalism,” as administrative law scholars put it—is admittedly a difficult task. -
2020Endangered Species
ABA Section of Environment, Energy, and Resources
American Bar Association
Environment, Energy, and Resources Law: The Year in Review 2019
Endangered Species chapter
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2020Forest Resources
ABA Section of Environment, Energy, and Resources
American Bar Association
Environment, Energy, and Resources Law: The Year in Review 2019
Forest Resources chapter -
03.30.2020DOJ Formally Ends Use of Supplemental Environmental Projects in SettlementsUpdatesCompanies should be aware that Supplemental Environmental Projects (SEPS)—voluntary environmental or public health benefit projects in lieu of payment of civil penalties for violation of federal environmental laws—will no longer be available in discussions to resolve and reduce liability for environmental law violations as of March 12, 2020.
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01.14.2020White House NEPA Overhaul Likely to Face Legal ChallengesArticles
Law360
Continuing its efforts to expedite federal approvals for projects subject to the National Environmental Policy Act, or NEPA, the White House Council on Environmental Quality, or CEQ, published proposed revisions to its NEPA-implementing regulations on Jan. 10. The proposed rule, released a week after NEPA’s 50th birthday, would comprise the first substantial revisions to the CEQ’s agencywide regulations since 1978. -
Winter 2020Historic Leasing and the Unfulfilled Potential to Use Partnerships to Preserve Historic Properties and National ParksArticlesThe concept of the "national park" is an American innovation that has led to the preservation of thousands of historic sites and millions of acres of parkland in the United States and its territories for the enjoyment and education of the American public and future generations.
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2019Forest Resources
ABA Section of Environment, Energy, and Resources
American Bar Association
Environment, Energy, and Resources Law: The Year in Review 2018
Forest Resources chapter -
06.2018Monumental or Not: Presidential Authority Under the Antiquities Act of 1906Articles
The Federal Lawyer
Since the enactment of the one-page Antiquities Act of 1906, 16 presidents have designated 157 national monuments under its authority. These monuments range from a few acres to millions of acres in size preserving federal lands and cultural and historical sites for the benefit of the American public. -
2018Forest Resources
ABA Section of Environment, Energy, and Resources
American Bar Association
Environment, Energy, and Resources Law: The Year in Review 2017
Forest Resources chapter -
12.07.2017Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for LitigationUpdates
The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act establishing financial responsibility requirements for certain hardrock mining facilities.
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01.12.2017Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining IndustryUpdates
On January 11, 2017, the EPA's proposed rule for financial assurance requirements under Section 108(b) of the CERCLA for the hardrock mining industry was published in the Federal Register, triggering a 60-day comment period. 82 Fed. Reg. 3388 (Jan. 11, 2017).
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2017Forest Resources
ABA Section of Environment, Energy, and Resources
American Bar Association
Environment, Energy, and Resources Law: The Year in Review 2016
Forest Resources chapter -
12.22.2016EPA Is All In on Mine BondingUpdatesAfter committing in litigation to a joint schedule to conduct rulemaking for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the EPA proceeded with its first regulatory proposal for the hardrock mining industry by releasing its proposed rule on December 1, 2016.
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12.01.2016OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can PrepareUpdatesOn November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s anti-retaliation rule, “Improve Tracking of Workplace Injuries and Illnesses.”
This Update was republished in Law360 on 12.05.2016, "How Employers Can Prep For New OSHA Injury Reporting Rule." -
Spring 2016Environmental Streamlining Measures in Title 41 of the FAST Act: What Will They Mean for Infrastructure Project Developers?Articles
Environmental Law News
Congress passed the Fixing America’s Surface Transportation Act (FAST Act) last December. The FAST Act provides new funding for surface transportation projects and includes measures to streamline environmental reviews for highway, transit, and rail projects. -
03.23.2016U.S. Fish and Wildlife Service Updates Native American Tribe PolicyUpdatesThe U.S. Fish and Wildlife Service announced an updated Native American policy on January 27, 2016, which provides a framework for government-to-government relationships to further the federal government’s trust responsibility to federally recognized tribes to protect, conserve and use tribal resources.
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03.16.2016Hard Times Ahead For The Hard-Rock Mining IndustryArticles
Law360
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2016The Year in Review 2015Lawyer Publications
American Bar Association, Section of Environment, Energy, and Resources
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04.01.2015The Year In Review 2014Lawyer Publications
American Bar Association, Section of Environment, Energy, and Resources
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11.06.2014Examination of Title to Unpatented Mining ClaimsLawyer PublicationsRocky Mountain Mineral Law Foundation's Mining Law Short Course: Domestic and International Issues
Read the full update. -
04.01.2014The Year in Review 2013Lawyer Publications
American Bar Association, Section of Environment, Energy, and Resources
Presentations
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04.21.2021Environmental Issues in Energy Project DevelopmentSpeaking EngagementsHalfMoon Education / VirtualPerkins Coie attorneys present at the HalfMoon Education, Inc. virtual program, “Environmental Issues in Energy Project Development”.
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05.12.2020The Climate Is Changing, Should NEPA? Climate Change Considerations Under NEPA and CEQ's Draft RuleSpeaking EngagementsAmerican Bar Association / Webinar
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10.25.2019CERCLA 108(b)Speaking Engagements
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07.10.2019Multiple Use Lands in PracticeSpeaking Engagements
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12.07.2017Doing Business Cross-BorderSpeaking Engagements
Panelist
American Exploration and Mining Association Annual Meeting / Reno, NV
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04.2017Financial Responsibility for the Hardrock Mining: Legal Update on EPA’s CERCLA 108(b) RulemakingSpeaking EngagementsIdaho State Bar - Environmental & Natural Resources Section
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02.09.2017Legal Situations for Today’s Foresters: Bear attack liability, preparing for depositions, being an expert witnessSpeaking Engagements16th Annual Foresters Forum / Coeur d”Alene, ID
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07.23.016The Spectre of EPA Bonding of Hard Rock Mines Under CERCLASpeaking Engagements62nd Annual Rocky Mountain Mineral Law Institute / Squaw Valley, California
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03.21.2016Water Rights and Drought in Timberlands ManagementSpeaking EngagementsPacific Northwest Timberlands Management / Portland, OR
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02.04.2016Legal Situations for Today’s Foresters: An Overview of 2015 State and Federal Court Decisions with Potential to Impact the Forest Products IndustrySpeaking Engagements15th Annual Foresters Forum / Coeur d”Alene, ID
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02.05.2015What Have They Done For (To) Us Lately? An Overview of 2014 State and Federal Court Decisions With Potential to Impact the Forest Products IndustrySpeaking Engagements14th Annual Foresters Forum / Coeur d’Alene, Idaho