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Renewable Energy in the Age of Trump

August 21, 2017

The Trump Administration has been clear about its intentions to revive the domestic fossil fuel industry. Across the campaign trail and into the Oval Office, Donald J. More

The Trump Administration’s Regulatory Agenda is Taking Shape

August 14, 2017

The Trump administration is placing a great deal of emphasis on its regulatory reform agenda largely through the issuance of multiple Executive Orders (EOs), use of the Congressional Review Act (CRA), and partial implementation of proposed cuts to agency budgets across all sectors of the economy. More

A New Environment for Climate Change Litigation

July 18, 2017

With the federal executive branch backtracking from Obama-era climate change programs, the judicial branch may be increasingly receptive to novel forms of climate change litigation. In Juliana v. United States, Case No. 6:15-cv-01517-TC (D. More

Potential for Public Land Transfers under the Trump Administration

May 31, 2017

The federal government owns or controls over 640 million acres of land in the United States. Approximately 92 percent of the federal lands are located in the twelve western states. Except for a few million acres that are managed by the Department of Defense, the federal landholding is managed primarily by four agencies; the U.S. More

Predicting How a “Justice” Gorsuch Would Impact Environmental Law

April 3, 2017

Judge Neil Gorsuch of the Tenth Circuit is presently being considered by the U.S. Senate for confirmation of his appointment to the U.S. Supreme Court. Appointed by President Trump shortly after taking office, Judge Gorsuch would take the now long-vacant seat formerly held by Justice Antonin Scalia. More

Emerging Contaminants Cause Regulatory Uncertainty for Water Suppliers and Landowners

March 9, 2017

Water suppliers and landowners are increasingly contending with a new generation of persistent contaminants, particularly perflourinated compounds. Perfluorinated compounds are chemicals that have historically been used in a variety of industrial and consumer products. They are now found worldwide in the environment, wildlife, and even humans. More

Predicting the Future of the Future: ESA, Climate Change, and the Evolving Contours of “Best Available Science”

January 17, 2017

Recent cases involving imperiled species present interesting case studies of the tensions inherent in the Endangered Species Act [ESA] in dealing with science, uncertainty, and the politics of climate change. The first of these cases addresses the ESA listing of the wolverine; the second, of the Beringia bearded seal. More

EPA Issues Proposed Rule Requiring Financial Responsibility Requirements for Hardrock Mining Industry

January 9, 2017

Under a proposed Superfund regulation set to be published in the Federal Register any day, the Environmental Protection Agency (EPA) would require hardrock mines[1] to provide a financial guarantee covering estimated future cleanup costs at their facilities. More

Got Mold? A Brief Guide to Liability and Notice Requirements

March 5, 2008

Thousands of mold-related lawsuits have been filed in the United States during the last decade. Prior to 2000, most mold claims were routinely settled for relatively nominal amounts of $5,000 or less. Today, mold claims by commercial developers and homeowners routinely exceed $100,000, and some are resolved for much higher amounts. More

Does the Clean Water Act Regulate Discharges of Pollutants to Hydrologically Connected Groundwater? Federal Courts Disagree

January 27, 2016

The Clean Water Act (“CWA”) prohibits the discharge of pollutants into “waters of the United States”[1] without a valid National Pollutant Discharge Elimination System (“NPDES”) permit.[2] The statute offers notoriously scant guidance as to what “waters of the United States” actually means. More

Emerging Contaminants Cause Regulatory Uncertainty for Water Suppliers and Landowners

March 9, 2017

Water suppliers and landowners are increasingly contending with a new generation of persistent contaminants, particularly perflourinated compounds. Perfluorinated compounds are chemicals that have historically been used in a variety of industrial and consumer products. They are now found worldwide in the environment, wildlife, and even humans. More

Potential for Public Land Transfers under the Trump Administration

May 31, 2017

The federal government owns or controls over 640 million acres of land in the United States. Approximately 92 percent of the federal lands are located in the twelve western states. Except for a few million acres that are managed by the Department of Defense, the federal landholding is managed primarily by four agencies; the U.S. More

Chemical Fingerprinting of Gasoline and Diesel Fuel – What Is It? Where Did It Come From? Who Is Responsible?

August 23, 2006

Introduction

The need for identification, delineation, and differentiation of petroleum-derived contaminants resulting from leaking storage tanks, pipelines, or following a release of fuel during trans-shipment of petroleum is a particularly challenging aspect of site investigations where an equitable settlement of the resulting liability and damages is at stake. More

Takings: Supreme Court Expands Governmental Liability to Property Developers

October 16, 2013

One of the most significant environmental cases to come out of the U.S. Supreme Court last session was Koontz v. St. Johns River Water Management District, 570 U.S. ___ (2013), a case which many have characterized as a dramatic expansion of the scope of potential governmental liability for takings under the Fifth Amendment. More

Supreme Court Reasserts Standard for Injunctive Relief in NEPA Cases

June 28, 2010

Reversing a nationwide injunction, the United States Supreme Court reiterated the four-part standard for injunctive relief it announced in 2008, confirming that this same standard applies in cases arising under NEPA. In a 7-1 opinion[1] delivered by Justice Alito in Monsanto Co. v. More

Predicting How a “Justice” Gorsuch Would Impact Environmental Law

April 3, 2017

Judge Neil Gorsuch of the Tenth Circuit is presently being considered by the U.S. Senate for confirmation of his appointment to the U.S. Supreme Court. Appointed by President Trump shortly after taking office, Judge Gorsuch would take the now long-vacant seat formerly held by Justice Antonin Scalia. More