DAPL Developer Sues Environmental Groups

In a remarkable development around the contentious Dakota Access Pipeline (DAPL), the developer of the project, Energy Transfer Equity and Energy Transfer Partners, sued the environmental groups that opposed DAPL. Energy Transfer sued  Greenpeace International, Greenpeace Inc., Greenpeace Fund, Inc., BankTrack, and Earth First! alleging that the: group of co-conspirators (the “Enterprise”) manufactured and disseminated …

United States May Be Liable as an “Owner”, but not as an “Arranger”, at Former Mining Sites on Federal Property

In a decision that opens the door for Superfund claims against the United States on Forest Service and BLM lands, the Tenth Circuit Court of Appeals recently ruled that the United States federal government may be liable for clean-up costs at former mining sites located on federal land.  In Chevron Mining, Inc. v. United States, …

NV Energy’s Latest Net Metering Filing Offers a Cost-Based Solution to the Distributed Generation Industry

Pursuant to the timelines set forth in Assembly Bill 405, NV Energy has recently filed new tariffs that affect Nevada’s net metering (NEM) and full requirement customers.  Passed by the Nevada Legislature in June 2017 and supported by the rooftop solar industry, Assembly Bill 405 is the latest manifestation of Nevada’s policy to support rooftop …

Trump Administration Working to Repeal and Replace the Clean Water Rule

Wetlands in front of the Lincoln Memorial, 1917, before construction of the reflecting pool On February 28, 2017, President Trump signed an executive order directing EPA to review the “Waters of the United States Rule” (the “WOTUS” Rule). Exec. Order No. 13778, 82 Fed. Reg. 12497 (Feb. 28, 2017). The order directed EPA and the …

Energy Legislation in the 2017 Colorado General Assembly

The First Regular Session of the Seventy-First General Assembly adjourned sine die on May 10th, wrapping up 120 days of work for the people of Colorado. The session was primarily dominated by two big issues: budget and transportation. After years of debate, legislators reached a compromise on the infamous hospital provider fee. By moving the …

Chevron Deference in Arizona?

In Arizona, like in Washington, a debate is unfolding about how courts should determine “questions of law”, and whether an agency’s construction of statutes is entitled to deference by the courts.  Some refer to this deference as Chevron Deference, stemming from a 1984 U.S. Supreme Court decision. The recent confirmation proceedings of Justice Neil Gorsuch triggered a spirited debate among policy makers and opinion writers about whether an agency’s reading of its statutes should be given any weight …

U.S. House Subcommittee on Energy and Natural Resources Discusses Expedited Permitting for Mines

Good news for infrastructure, including mining projects!  On March 21st, the House Subcommittee on Energy and Natural Resources chaired by Congressman Paul Gosar (R-AZ) held a hearing on infrastructure and discussed permitting timeline delays in the U.S.  Notably, Gosar stated: “Aggregates such as crushed stone, sand and gravel are the literal foundation of many of …