Tagged: mining industry

Trump Administration Proposes Revisions to Streamline Environmental Review Process under National Environmental Policy Act

For many mining and infrastructure projects in the United States, a primary cause of permitting uncertainty, expense, and delay is compliance with the environmental review process under the National Environmental Policy Act (NEPA). On January 10, 2020, the Council on Environmental Quality (“CEQ”) proposed comprehensive revisions to the regulations implementing the NEPA. 85 Fed. Reg. 1684. NEPA documentation is generally required for any project, public or private, that requires approvals from the federal government. The proposed revisions to the NEPA regulations are part of the Trump administration’s efforts to streamline their NEPA review processes. The proposed regulatory revisions include the following changes, among others: More Exemptions from NEPA Review – The proposed rules...

Clarifying “Muddy Waters:” EPA and Army Corps Propose Revisions to the Scope of CWA Jurisdiction

Canadian companies interested in cross-border natural resource projects should be aware of a regulatory development in the United States that significantly revises the jurisdictional scope of the Clean Water Act. On December 11, 2018, two federal agencies, the Environmental Protection Agency and the U.S. Army Corps of Engineers, proposed a new rule dramatically altering federal regulatory authority under the Clean Water Act (CWA) by redefining what constitutes a “water of the United States.” If enacted, the new rule proposes to limit and simplify the CWA’s jurisdictional analysis and provide regulatory certainty for resource development projects. Canadian companies with, or interested in, a cross-border project should follow, and consider participating, in the rule’s 60-day...