D.C. Circuit Upholds USEPA Decision to Not Require Financial Assurance Under CERCLA for Hardrock Mining We have previously blogged (in June 2019 and 2017) on a proposed rule released during the final days of the Obama Administration which required hardrock mines to provide financial assurance demonstrating they are able to fund the costs associated with the future cleanup of the mines under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal statute…

A ruling by the U.S. District Court for the District of Montana may bring new coal leases on Federal lands to a standstill, pending review by the Department of the Interior under the National Environmental Policy Act.…

The most recent Environmental Protection Agency (“EPA”) Regulatory Agenda shows a further delay for the agency to finally promulgate long-awaited changes to its Chemical Accident Prevention Program, also known as the Risk Management Program (“RMP”).  After Obama made major changes, the Trump EPA delayed them and now seeks to reverse them. Want to understand this complicated saga and learn what to expect? Amy Wachs gives you all you need to know here.…

Are you aware of the deadlines and communication necessary to contest/challenge MSHA enforcement actions? Eric Dullea summarizes recent cases. Read the full article from the June issue of Rock Products magazine.…

In the latest edition of Rock Products magazine, environmental attorney Megan Caldwell provides an overview of the latest updates on hardrock mining financial assurance requirements. Read the full article.…

Lawmakers of the 86th Texas Legislature passed several bills in regular session related to storage and cybersecurity, as well as a bill extending the expiration of a Chapter 312 tax abatement program that benefits renewable energy. These energy-related bills passed by the Texas Legislature are discussed below, as are notable bills that failed to gain traction this session.…