On June 30, 2022, the U.S. Supreme Court issued its long-awaited decision in West Virginia, et al. v. Environmental Protection Agency.
Continue Reading West Virginia, et al. v EPA – What It Is and What It Means for Continued Coal-Based Electrical Generation in the U.S.
Paul M. Seby
Paul Seby is a leading practitioner in the Rocky Mountain region, with nearly 25 years' experience analyzing a myriad of environmental issues. He counsels public and private clients in the energy, mining, manufacturing, and service industries on how to navigate and operate within the complex framework of state and federal environmental regulations and policies. Mr. Seby has vast experience prosecuting cases to enforce and overturn administrative agency regulations and decisions, and has defended clients in federal and state enforcement proceedings, in appearances before the U.S. Supreme Court, several U.S. Courts of Appeal, and the Colorado Supreme Court, among others. Bearing in mind that a successful outcome is often a combination of traditional and non-traditional legal strategy, Mr. Seby leverages his experience to negotiate with government agencies and adversary groups.
Whether a lending transaction, M&A transaction, or other business venture, clients across the country trust Mr. Seby to draw upon his deep understanding of how government programs and agencies function to identify existing and potential environmental pitfalls they may face in achieving their business goals. He efficiently and effectively guides his clients in developing practical, workable strategies to take on legal and business challenges, and has been recognized for his work by many leading legal publications.
Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing…
Continue Reading Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
EPA’s New WOTUS Rule
On Dec. 11, 2018, EPA and the U.S. Army Corps of Engineers (the Agencies) released a proposal to revise the regulatory definition of “waters of the United States” (WOTUS), as…
Continue Reading EPA’s New WOTUS Rule
Good News for States and Surface Coal Mine Operators in Recent Department of Interior Announcement
On April 13, the Acting Director of the U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE) announced that OSMRE will be reinitiating formal programmatic consultation with…
Continue Reading Good News for States and Surface Coal Mine Operators in Recent Department of Interior Announcement
Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes
In a previous post we predicted that the U.S. Supreme Court would affirm an Eighth Circuit decision holding that a landowner can obtain immediate judicial review of a wetlands “jurisdictional…
Continue Reading Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes