Posts from July 2024.
Time 6 Minute Read

On June 24, 2024, the Supreme Court granted a petition for writ of certiorari in Seven County Infrastructure Coalition v. Eagle County, CO, (23-975), a case challenging the scope of an environmental review conducted by the Surface Transportation Board (“Board”) pursuant to the National Environmental Policy Act ("NEPA”) for an 88-mile rail line project in Utah. The question before the Court is whether NEPA requires federal agencies to study the environmental impacts of proposed projects beyond the proximate effects of the action that an agency has no authority to regulate.

Time 3 Minute Read

The Mining Law of 1872 allows people to prospect for valuable minerals on public lands. Prospectors can “locate” or “stake” mining claims. In 1999, the Bureau of Land Management (BLM) proposed a regulation to limit mining claimants from locating more than one mill site for each mining claim. Later, in 2003, BLM promulgated a Final Rule withdrawing the proposed 1999 regulation. In a decision filed on June 25, 2024, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the district court’s decision to uphold the 2003 Final Rule.

Time 1 Minute Read

As recently reported on the Hunton Retail Law Resource blog, Washington State became the first-in-the-nation to pass an almost complete ban on the manufacture and sale of cookware containing lead in March 2024. Starting in January 2026, HB 1551 sets the maximum lead content level for cookware and cookware components at five (5) parts per million (ppm). The law is both broad in scope and stringent in its lead limit, making it important for entities that sell cookware or offer cookware for sale in the state of Washington to begin thinking about compliance now. 

Time 15 Minute Read

The Chevron doctrine – the bedrock principle of administrative law under which courts afforded deference to administrative agency interpretations in the face of statutory ambiguity – is no more.  On June 28, 2024, the U.S. Supreme Court issued a long-anticipated decision that addresses the authority of regulatory agencies to dictate policy and the extent to which courts will exercise their own judgment as to the meaning of a statute and how that may bound agency decisions. 

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