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  • Article

    BLM Proposes Revised Regulations For Wind And Solar Rights-of-Way And Leases

    The Federal Land Policy and Management Act (FLPMA) requires that the BLM rent public lands at fair market value.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Colorado Court Of Appeals Holds That Federal Law Preempts State Courts From Ordering Airport Noise Restrictions

    On March 12, 2026, a division of the Colorado Court of Appeals issued a significant opinion concerning federal preemption, aviation law, and environmental nuisance. In Town of Superior v. Board of County Commissioners of Jefferson County, 2026 COA 14, the division held that federal law preempts a state court from ordering an airport proprietor to ban certain aircraft operations as a noise abatement measure, even though the proprietor itself retains the authority to impose such restrictions voluntarily.
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Adapting To The NAR Settlement Agreement

    The National Association of REALTORS® ("NAR") entered a settlement agreement earlier this year to settle several antitrust lawsuits accusing NAR of imposing brokerage commission rules...
    United StatesReal Estate and Construction
    Davis Graham
    Davis Graham
  • Article

    Federal Court Holds Indemnification Provision In Master Service Contract Void Under Colorado Law

    On September 26, 2024, Judge Phillip Brimmer of the U.S. District Court for the District of Colorado issued an unpublished opinion holding that Colorado's Construction Anti-Indemnification Statute.
    United StatesReal Estate and Construction
    Davis Graham
    Davis Graham
  • Article

    ​​​​​​​Landowner Liability Recreational Use Warning Signs

    In current law, the "Colorado Recreational Use Statute" (CRUS) protects landowners (owners) from liability resulting from the use of their lands...
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Current Impediments To Renewable Energy Projects – What Developers Need To Know And Address For Project Success

    Renewable energy in the U.S. (and around the globe) is booming. Over the past decade, renewable energy generation across the country—primarily driven by solar, wind, and geothermal—has more than tripled.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    COUNTDOWN TO EDGAR NEXT: Compliance Deadline Is Rapidly Approaching — Are You Ready?

    The U.S. Securities and Exchange Commission (SEC) is rolling out major updates to its EDGAR (Electronic Data Gathering, Analysis, and Retrieval) system with the launch of EDGAR Next, a new account management platform.
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    SEC Extends Section 16 Reporting To Directors & Officers Of Foreign Private Issuers

    The Holding Foreign Insiders Accountable Act, as part of the 2026 National Defense Authorization Act (the "NDAA") that was signed into law on December 18, 2025.
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    Small Modular Reactors And Data Centers: The Emerging Regulatory Landscape For Next-Generation Nuclear Power Supply

    As interconnection queues swell and approval timelines stretch to five years or more, data center developers are increasingly turning to behind-the-meter generation to secure reliable power. While natural gas offers the fastest path, its carbon footprint clashes with net-zero commitments. Small modular reactors are emerging as a compelling carbon-free alternative. This article examines the current state of SMR deployment for data centers and the key regulatory considerations developers should keep in mind.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Dodd-Frank Executive Compensation Changes

    The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"), while primarily directed at firms in the financial services industry, includes changes related to executive compensation that have a significantly broader reach.
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    The Department Of Agriculture's Revised Procedures Implementing NEPA

    On July 3, 2025, the U.S. Department of Agriculture (USDA) published an interim final rule (the "Interim Final Rule") in the Federal Register, effective immediately.
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    U.S. Fish And Wildlife Service Proposes To Rescind The Regulatory Definition Of "Harm" Under The Endangered Species Act

    On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service published a proposed rule to rescind the current regulatory definition of "harm" under the Endangered Species Act at 50 C.F.R. § 17.3.
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    Colorado Supreme Court Broadens Protections For Public Works Subcontractors

    On April 6, 2026, the Colorado Supreme Court held in Ralph L. Wadsworth Construction Co., LLC v. Regional Rail Partners, 2026 CO 19, that subcontractors on public projects may seek recovery of disputed or unliquidated amounts—including delay and disruption damages—in verified statements of claim under the Public Works Act. The Court also clarified that the penalty for filing an excessive claim is forfeiture of statutory remedies only, leaving common law claims available.
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham
  • Article

    Colorado Supreme Court Declines To Adopt Universal Definition Of "Production" Under Oil And Gas Leases

    On Monday, November 20, 2023, the Colorado Supreme Court issued a decision in which it declined to adopt a universal definition of "production" in Colorado oil and gas leases...
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Q&A With John Bowlin & Jason Schall (Co-Founders, Bowlin & Schall LLC)

    JDS: Denver is a small town. Moving here from Texas and thinking of Denver as a big sports town, I presumed it would be like Dallas, my hometown. But Denver lives way smaller, especially in the legal...
    United StatesLaw Department Performance
    Davis Graham
    Davis Graham
  • Article

    Environmental Self-Audits: Legal Tools To Improve Environmental Compliance & Mitigate Regulatory Risks

    An environmental self-audit is a systematic, documented, and objective evaluation of how well an organization, its management systems, and its equipment perform and comply with federal, state, and local environmental statutes, regulations, and permit provisions. When conducted properly, these detailed self-assessments can identify areas of non-compliance, inefficiencies, and opportunities for improvement before they become costly compliance issues. More broadly, environmental self-audits also lead to improved protection of human health and the environment.
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    Supreme Court Limits Scope Of Environmental Review Under NEPA In Uintah Basin Railway Case

    On May 29, 2025, the U.S. Supreme Court issued a landmark decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, limiting the scope of environmental review required under the National Environmental Policy Act (NEPA).
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    Permian Basin Lizard Proposed To Be Listed As An Endangered Species

    On July 3, 2023, the U.S. Fish and Wildlife Service (FWS) proposed to list the dunes sagebrush lizard as endangered.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Voluntary Carbon Market

    On May 28, 2024, the Biden administration introduced new guidelines on voluntary carbon markets ("VCMs") intended to strengthen the integrity of the markets and make them a reliable, effective tool to reduce carbon emissions.
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    “Coiled In The Folds”: Colorado Supreme Court Holds TABOR Ballot Initiative Violated Single-Subject Rule

    On March 9, 2026, the Colorado Supreme Court reversed the Title Board’s approval of Proposed Initiative 2025–2026 #158, a ballot initiative that sought to amend the Colorado Taxpayer’s Bill of Rights (“TABOR”) to require voter approval for any “fee” expected to create more than $100 million in revenue in its first five fiscal years and defined “fee” as “a voluntarily incurred governmental charge in exchange for a specific benefit conferred on the payer.”
    United StatesLitigation, Mediation & Arbitration
    Davis Graham
    Davis Graham

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