Legal Updates

Although the Obama and Trump administrations differ markedly on climate change and energy policy, their oil and gas decisions are being similarly faulted by federal courts. President Obama had an “all of the above” energy policy that included the development of oil and gas but took addressing climate change as a serious obligation. President Trump […]

On January 14, 2019, the Colorado Supreme Court reached a decision in COGCC v. Martinez, ending more than five years of litigation between seven youth activists from Boulder-based Earth Guardians and the Colorado Oil and Gas Conservation Commission (“COGCC”). The Court held that the COGCC appropriately exercised its agency discretion when it declined to undertake […]

Effective November 27, 2018, the revised Bureau of Land Management (BLM) regulations pertaining to waste prevention will take effect. 83 Fed. Reg. 49,184 (Sept. 28, 2018). This final rulemaking eliminates several of the more onerous burdens imposed by the regulations adopted at the end of the previous Administration. 82 Fed. Reg. 83,008 (Nov. 18, 2016) […]

The U.S. Supreme Court ended a decade-long dispute on Monday, June 25, 2018, regarding the boundaries of the Wind River Reservation by denying certiorari in the combined case of Northern Arapaho Tribe, et al. v. Wyoming, et al. and Eastern Shoshone Tribe, et al. v. Wyoming, et al. The case answers two questions: (i) were […]

On June 21, 2018, in South Dakota v. Wayfair, Inc., the U.S. Supreme Court struck down over fifty years of precedent when it ruled that retailers are no longer required to have a physical presence in a state to be subject to the state’s tax jurisdiction for sales tax purposes. Importantly, the question before the […]

One of President Trump’s first actions was to issue Executive Order 13766, “Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects” (Jan. 24, 2017), directing the Council on Environmental Quality (“CEQ”) to begin efforts to identify high priority infrastructure projects and expedite federal environmental reviews required by the National Environmental Policy Act (“NEPA”). This […]

One of the arguments against fracking, and the natural gas industry in general, is that burning gas releases carbon dioxide, which contributes to global warming.i What if burning natural gas resulted in no CO2 emissions? In the next three to five years that may be true. MIT Technology Review has identified “zero carbon natural gas” as […]

The number of elderly people continues to rise across the nation. In fact, it is projected that approximately 1 in 5 Coloradans will be 65 years of age or older by the year 2030. Unfortunately, with the rise in the number of elderly people, the frequency of elder abuse is also on the rise, particularly […]

A recent case before the Wyoming Supreme Court failed to clarify what, if any, remedies are available to conflicting developers of federal mineral rights on overlapping lands. Rather, the Court’s ruling in Berenergy Corporation v. BTU Western Resources, Inc.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC, and BTU Western Resources, Inc.; […]

There are a variety of tax law changes as a result of the “Tax Cuts and Jobs Act” (the “Act”). However, the following is a brief summary of the specific changes that will impact estate planning issues. Although only approximately 0.2% of the population was subject to the federal estate tax prior to the Act, […]

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