When beginning a solar project in Texas, developers must be cognizant of the potential conflict between the surface and mineral estates. In Texas, mineral rights can be severed from the surface estate, and when severed, the mineral estate rights are dominant, meaning the mineral estate has the implied right to use as much of the surface, subsurface, and adjacent airspace of the land as is reasonably necessary to locate and develop the mineral estate beneath.…

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.…