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Supreme Court Decides Virginia Uranium, Inc. v. Warren: Rejects Preemption Challenge to Virginia’s Moratorium on Mining Uranium Ore on Nonfederal Land

July 15, 2019

On June 17, the U.S. Supreme Court decided Virginia Uranium, Inc. v. Warren, a case that, while focused on federal preemption, could have cascading impacts relating to states’ sovereign rights to regulate environmental matters. More

AI and Text-Based Analytics in Complex Environmental Litigation – What Environmental Practitioners Need to Know

April 3, 2019

The phrase “artificial intelligence” or “AI” is often used to describe several computational advances in use across many industries, including machine learning, translation, data visualization, and more. It is particularly useful when you need to compare, review, or digest voluminous material quickly – more quickly than is possible without computer assistance. More

NEPA Overhaul Proposed By Trump Administration Depends on Second Term

February 25, 2019

The Trump Administration has prioritized modernization of the National Environmental Policy Act (NEPA) in the context of its broader regulatory and infrastructure permitting reform efforts, initiating the most significant potential overhaul of the landmark policy since its creation in the early 1970s. More

EPA PFAS Management Plan Falls Short – States and Private Litigants Move Ahead

February 20, 2019

Per- and polyfluoroalkyl substances, also known as PFAS, are emerging as one of the nation’s most significant environmental problems. The PFAS group of chemicals, which are highly mobile, persistent, and potentially toxic, are ubiquitous in the environment. More

Ninth Circuit Broadens Access to ESA Decision-Making Drafts

February 1, 2019

Litigants challenging agency actions that require interagency consultation will have greater opportunities to obtain drafts of decision documents, preliminary technical materials, and interagency email or other correspondence as a result of a recent Ninth Circuit decision. In Sierra Club v. U.S. More

Oregon Legislators Demonstrate Continued Interest in Water Resource Planning and Drinking Water Quality

February 1, 2019

Legislators in Oregon have introduced a number of water bills that could affect agricultural, municipal, and industrial water users, as well as water use in growing communities. More

Shutdown Impacts on U.S. Energy and Natural Resource Sectors: Assessing and Mitigating the Escalating Costs of Budget Brinksmanship

January 8, 2019

While media coverage tends to emphasize the human costs of government shutdowns – from national parks closed to vacationing families, to financial hardships imposed on federal workers – American businesses pay a heavy and often underappreciated toll that grows over time. More

Navigating the Oversight Investigations to Come: A Quick Reference Guide for Companies and Individuals in the 116th Congress

January 3, 2019

When the 116th Congress convenes this week and a new Democratic majority takes the gavel in the U.S. House, an array of industry associations, private-sector companies, and business executives unaccustomed to congressional inquiry will face oversight scrutiny for the first time since 2010. More