News & Analysis as of

Statutory Interpretation Natural Resources

Lowenstein Sandler LLP

9th Circuit Expands Scope of Recoverable Natural Resource Damages Under CERCLA

On Sept. 3, the U.S. Court of Appeals for the 9th Circuit held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes recovery of natural resource damages for the lost use of...more

Schwabe, Williamson & Wyatt PC

Court Ruling Protects Rural Alaska Subsistence Fishing on Federal Lands and Waters

On August 20, 2025, in United States v. Alaska No. 24‑2251, the Ninth Circuit affirmed the federal government’s authority to create a rural subsistence fishing priority in navigable waters on federal lands under Title VIII of...more

Saul Ewing LLP

Ninth Circuit Harmonizes Available CERCLA Natural Resource Damages with D.C. Circuit

Saul Ewing LLP on

Defining the scope of CERCLA natural resources damages is a rare occurrence in the Ninth Circuit, which is what is interesting about the recent decision in the case of Confederated Tribes of the Colville Reservation v. Teck...more

Oliva Gibbs

Murky waters: Wading through Texas law and the future of produced water

Oliva Gibbs on

Texas produces more than just oil and gas. Every day, millions of gallons of produced water are generated as a byproduct of oil and gas production. Once viewed strictly as a waste product, produced water is now at the center...more

Nossaman LLP

Federal Court Overturns Fish & Wildlife Service Decision to Delist Gray Wolf in the West

Nossaman LLP on

On August 5, the United States District Court for the District of Montana issued an order overturning a determination made by the U.S. Fish and Wildlife Service (Service) during the Biden Administration that listing the gray...more

BakerHostetler

More ‘Big Beautiful’ Leasing in the Gulf of America

BakerHostetler on

Section 50102 of the OBBBA makes changes affecting what Section 18 of the OCS Lands Act calls the Five-Year Oil and Gas Leasing Program. Although the program is accompanied by thousands of pages of analysis, it is a one-page...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

McGinnis Lochridge on

In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Nossaman LLP

The Loper Bright Decision - What Really Happened to Chevron and What's Next

Nossaman LLP on

In the latest episode of Digging Into Land Use Law, Brooke Marcus and Paul Weiland discuss how "Chevron deference" has loomed large over administrative law during the past four decades. The Loper Bright decision...more

Ballard Spahr LLP

Demise of Chevron Deference Sends Shockwaves Through Labor and Employment Regulatory Landscape

Ballard Spahr LLP on

In just a month since the U.S. Supreme Court overturned the Chevron Deference Doctrine, district courts across the country have blocked several federal agency rules, including an injunction in Texas barring enforcement of the...more

Brownstein Hyatt Farber Schreck

A Change of Tune for Natural Resources Law

On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in...more

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