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Newsletter Articles

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

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

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

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

Carbon Fee or Cap-and-Trade: After 2018 Legislative Failures, Washington and Oregon Greenhouse Gas Bills Have Second Chance at Life, But Distinct Approaches

October 30, 2018

Since the November 2016 election, it has been a commonplace expectation that “blue” states would push forward with climate legislation and attempt to fill the policy gap left by the Trump Administration. Oregon and Washington – states with Democratic governors and legislatures controlled by Democrats – seemed prime candidates to participate in the effort. More

New California Proposition 65 Regulations Become Effective August 30: Guideposts for Compliance and Risk Management

August 29, 2018

Important changes to California Prop. 65 regulations take effect this week, on August 30, 2018. The new rules include requirements for online retailers, revised “safe harbor” warning labels, and a new allocation of compliance responsibility between retailers and manufacturers, including new authority allocating legal liability. More