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Newsletter Articles

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

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

Expanding Wildfire Planning Efforts to Address Rising Temperatures

August 21, 2018

Increases in wildfire activity are well documented across the western United States. More

Environmental Investigations Performed Under Consent Orders with the Government Are Not Covered as Defense Costs, Court Rules

June 21, 2018

A federal court has issued a significant insurance coverage decision at odds with the years-long practice in Washington State of resolving cleanup liability disputes with the government short of trial. More