Why do environmental and mining professionals need to know about a recent securities case?

By Rachel S. Aramburu and Krista K. McIntyre In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to combat securities fraud and increase market transparency. The Securities and Exchange Commission (SEC) is the agency that delegated enforcement of these acts,…

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SCOTUS buries agency deference six feet under

By Heraclio Pimentel and Ramona Monroe There’s a lot of buzz these days about the Chevron doctrine. Indeed, it’s not uncommon to find headlines that read more like obituaries than your typical, dry legal analysis. These discussions permeate beyond legal and political circles, and it seems everyone has something to say about the “death” of the Chevron doctrine. That’s because…

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Muddy waters: Who needs a discharge permit under the Clean Water Act?

By Joe C. Matteo and Willa B. Perlmutter Have you ever wondered if polluted water that leaks from a settling pond into groundwater and eventually reaches a river is a “discrete” source of pollution? Or why it matters? You can likely envision a scenario where a mining operation has settling ponds that leak into groundwater before eventually entering a waterway.…

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EPA announces revised WOTUS rule

The Environmental Protection Agency (EPA) announced a new Waters of the United States (WOTUS) rule in response to a May Supreme Court ruling that curtailed which waters are subject to federal Clean Water Act protections. The revised WOTUS rule breaks from longstanding federal waters protections to require that protected wetlands have a clearer link to waterways like oceans and rivers. …

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