On October 15, 2026, a division of the Colorado Court of Appeals issued its opinion in GreenLatinos v. Colorado Air Quality Control Commission, 2026 COA 74, affirming a district court judgment upholding 2023 revisions to Colorado Air Quality Control
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PFAS Risks for Mining and Metals Companies
Per- and polyfluoroalkyl substances (PFAS)—often called “forever chemicals”—have dominated environmental law headlines in recent years. Most recently, the DC Circuit upheld EPA’s designation of two PFAS compounds (PFOA and PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and…
Third Quarter 2026 Asset Management Regulatory Update
Colorado Supreme Court Holds That an Umbrella/Excess Insurer Is Not Required to “Drop Down” and Provide First-Dollar Coverage When a Scheduled Primary Insurer Becomes Insolvent
On September 21, 2026, the Colorado Supreme Court issued its opinion in A.R. Wilfley & Sons, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, 2026 CO 64, answering a certified question from the United States District Court for…
Colorado Court of Appeals Holds that Overriding Royalty Interests Derived From Nonconsenting Owners’ Working Interests Are Not Payable Until Consenting Working Interest Owners Recover Costs and Penalties Under the Pooling Statute
On July 23, 2026, a division of the Colorado Court of Appeals issued its opinion in Myrick v. Colorado Energy & Carbon Management Commission, 2026 COA 61, addressing a matter of first impression in Colorado oil and gas law:…
Beyond Semi-Annual Reporting: The SEC Proposes Major Changes to Reporting and Offering Rules
Most of the media attention paid to the SEC’s proposed disclosure reforms has focused on the potential for semi-annual rather than quarterly financial disclosure. But the proposed changes to its offering rules and filer status framework may be more significant. …
In Major PFAS “Forever Chemicals” Decision, D.C. Circuit Upholds EPA’s Designation of PFOS and PFOA as Hazardous Substances under CERCLA
On August 18, 2026, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Chamber of Commerce, et al. v. EPA, No. 24-1193, denying industry petitions to overturn EPA’s 2024 designation of perfluorooctanesulfonic acid…
Colorado Supreme Court Holds That Courts Have Discretion to Allow Pre-Immediate Possession Hearing Discovery in Condemnation Proceedings
Theresa Wardon Benz, Molly Kokesh, Makenna Johnson, Logan Venclauskas
On June 23, 2026, in In re Arrowhead Colorado Metropolitan District v. Roxborough Park Foundation, 2026 CO 54, the Colorado Supreme Court held that trial courts have discretion to order…
ACHP Draft Rule Would Rewrite the Playbook for NHPA Section 106 Review: What the Leaked Draft Says & What Comes Next
On July 24, 2026, the Advisory Council on Historic Preservation (“ACHP”) voted to advance a draft Notice of Proposed Rulemaking (“NPRM”) that would make sweeping amendments to its regulations implementing Section 106 of the National Historic Preservation Act (“NHPA”). If…