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November 4, 2019

On November 6, the U.S. Supreme Court will hear arguments in a Clean Water Act case with major implications for the business community.   At stake in County of Maui v. Hawaii Wildlife Fund is whether the Clean Water Act permitting program will be  expanded to cover many kinds of commercial, industrial and public works activities that don’t directly discharge pollutants into surface waters but do so indirectly through ground water systems that carry those pollutants to surface waters...

Posted on July 8, 2019

Recent rains across the Midwest and the South had severe impact in the Missouri River basin and now are putting stress on the Mississippi River’s levee system. Arkansas, Missouri, Louisiana and Mississippi have all recently seen levees in danger, with some local levees breached...

Posted on July 1, 2019

During 36 years in the U.S. Army, my family and I moved 19 times. But each year, we celebrated Independence Day the same way: with lots of noise. If we were in the US, we fired off our rocket “stash,” usually after feasting on dogs, burgers and watermelon. ..

Posted on June 2, 2019

In a previous blog, we cited our colleagues Gen. (ret) Rick Stevens and Col. (ret) John Eisenhauer for their excellent Pipeline and Gas Journal commentary on Federal energy permitting and how to overcome Native American tribal objections. An interested reader wrote to Rick and John, asking whether their analysis applies only to pipelines...

Posted on May 14, 2019

In recent years, major energy projects have encountered either significant delays or been stopped entirely due to permitting issues involving Native American tribal rights. This is a huge issue in the federal permitting process and any applicant that neglects to treat tribal treaty rights seriously and with the utmost respect is seriously undermining the likelihood of receiving required federal permit approvals...

Posted on April 8, 2019

Congratulations to our colleague Alex Beehler, the new Assistant Secretary of the Army (Installations, Energy and Environment). In this new position, he is responsible for policy and oversight of sustainability and environmental initiatives; resource management including design, military construction, operations and maintenance; Base Realignment and Closure; privatization of Army real estate; and installations safety and occupational health...

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