Spencer Fane attorney John Watson recently wrote an article published in Law360 and an article published in the Colorado Real Estate Journal (CREJ) covering environmental topics.
Titled “Colo. Ozone Permit Probes Point To Unclear Federal Guidance,” the Law360 article discusses Colorado Ozone Regulations and a recent noncompliance claim. John explains the claim in detail, noting that three Air Pollution Control Division of the Colorado Department of Public Health and Environment (CDPHE) air quality workers stated that the CDPHE issued unlawful permits.
“The dispute brings to light the extent to which regulators have latitude to issue minor-source permits, based on admittedly complex modeling results,” John explained in the Law360 article. “Without adequate guidance from the EPA, permit applicants remain in a fog.”
In the article featured in CREJ, John addresses the Migratory Bird Treaty Act (MBTA) and the Biden Administration’s revocation of the Trump Administration’s “midnight rule.” The “midnight rule” had significantly limited the scope of the MBTA. The Biden revocation of that rule brings back the full scope of the statute. John explains how this might impact companies and landowners involved in real estate development, construction, mining, and oil and gas projects.