Modrall Sperling Law Firm

Federal District Court Sets Aside Fish and Wildlife Service’s 30-Year Take Permit Rule Under Bald and Golden Eagle Act

On August 11, 2015, a federal district court judge in the United States District Court for the Northern District of California[1. Shearwater v. Ashe, Case No. 14-CV-02830-LHK, 2015 U.S. LEXIS 106277 (N.D. Cal. August 11, 2015)] vacated the United States Fish and Wildlife…

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EPA Assesses Potential for Hydraulic Fracturing to Impact Drinking Water Sources

The Environmental Protection Agency (“EPA”) recently released a draft assessment analyzing the potential impacts of hydraulic fracturing (“fracking”) on drinking water resources[2. See id. at 3-1 (It should also be noted that for the purpose of this study, “drinking water resources are…

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Ten Selected 2016 Lawyer of Year by Best Lawyers®

Modrall Sperling is pleased to announce that 10 of the firm’s attorneys were recently selected by their peers for expertise in their practice areas and named 2016 “Lawyers…

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Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation

On April 7, 2015, in Grand Canyon Trust v. Williams,[1. No. CV-13-08045-PCT-DGC, 2015 WL 1538084 (D. Ariz. Apr. 7, 2015).] the United States District Court for the District of Arizona granted summary judgment to the U.S. Forest Service (“USFS”) on claims brought by…

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Revised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews

Introduction: On December 18, 2014, the Council on Environmental Quality (“CEQ”) issued revised draft guidance (“Revised Draft Guidance”)[1. Available here.] for analyzing greenhouse gas (“GHG”) emissions and climate change impacts in National Environmental Policy Act (“NEPA”) analyses.  CEQ’s Revised Draft Guidance replaces the CEQ’s 2010…

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No Mora Moratorium on Drilling

United States District Court Judge James Browning issued a lengthy opinion on January 19, 2015 invalidating Mora County’s “Community Rights and Local Self-Government Ordinance”, enacted by the County in 2013, that prohibited oil and gas development by corporations in the county.   See SWEPI,…

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2015 Southwest Super Lawyers®

Modrall Sperling is pleased to announce 47 of its attorneys are among those named 2015 Southwest Super Lawyers® or selected as a Southwest Rising Star. Each year, Super Lawyers® compiles…

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Turning Guano into Gold

From guano of seabirds, national treasure springs.  The treasure is the Pacific Remote Islands Marine National Monument in the south-central Pacific Ocean, and it contains some of the most pristine tropical marine environments in the world.  It is way out there and…

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Colorado District Court Requires Coal Mine EIS to Estimate the “Social Cost of Carbon”

In an order issued on Friday, June 27, 2014, the Honorable R. Brooke Jackson of the United States District Court for the District of Colorado overturned “three interconnected” decisions by the U.S. Forest Service (“USFS”) and the Bureau of Land Management (“BLM”)…

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Bad News in the Latest UN Report on Climate Change

The UN’s Intergovernmental Panel on Climate Change (“IPCC”) has more bad news for us. Its long range forecast still looks hot, and the IPCC is more confident than ever that humans are largely the cause. On Friday, September 27, the IPCC issued…

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