The longest conveyer belt in the U.S. is moving sand in Texas

The Dune Express

The Dune Express in West Texas. Courtesy of Atlas Energy

It's longer than the width of Rhode Island, snakes across the oil fields of the southwest U.S. and crawls at 10 mph – too slow for a truck and too long for a train.

It's a new sight: the longest conveyer belt in America.

Atlas Energy Solutions, a Texas-based oil field company, has installed a 42-mile long conveyer belt to transport millions of tons of sand for hydraulic fracturing. The belt the company named “The Dune Express” runs from tiny Kermit, Texas, and across state borders into Lea County, New Mexico. Tall and lanky with lids that resemble solar modules, the steel structure could almost be mistaken for a roller coaster.

In remote West Texas, there are few people to marvel at the unusual machine in Kermit, a city with a population of less than 6,000, where the sand is typically hauled by tractor-trailers. During fracking, liquid is pumped into the ground at a high pressure to create holes, or fractures, that release oil. The sand helps keep the holes open as water, oil and gas flow through it.

But moving the sand by truck is usually a long and potentially dangerous process, according to CEO John Turner. He said massive trucks moving sand and other industrial goods are a common site in the oil-rich Permian Basin and pose a danger to other drivers.

“Pretty early on, the delivery of sand via truck was not only inefficient, it was dangerous,” he said.

The conveyor belt, with a freight capacity of 13 tons, was designed to bypass and trudge alongside traffic.

Innovation isn't new to the oil and gas industry, nor is the idea to use a conveyor belt to move materials around. Another conveyer belt believed to be the world’s longest conveyor — at 61 miles long — carries phosphorous from a mine in Western Sahara on the northwest coast of Africa, according to NASA Earth Observatory.

When moving sand by truck became a nuisance, an unprecedented and risky investment opportunity arose: constructing a $400 million machine to streamline the production of hydraulic fracturing. The company went public in March 2023, in part, to help pay for the conveyor belt and completed its first delivery in January, Turner said.

The sand sits in a tray-shaped pan with a lid that can be taken off at any point, but most of it gets offloaded into silos near the Texas and New Mexico border. Along its miles-long journey, the sand is sold and sent to fracking companies who move it by truck for the remainder of the trip.

Keeping the rollers on the belt aligned and making sure it runs smoothly are the biggest maintenance obstacles, according to Turner. The rollers are equipped with chips that signal when it's about to fail and need to be replaced. This helps prevent wear and tear and keep the machine running consistently, Turner said.

The belt cuts through a large oil patch where environmentalists have long raised concerns about the industry disturbing local habitats, including those of the sagebrush lizard, which was listed as an endangered species last year by the U.S. Fish and Wildlife Service.

“In addition to that, we know that the sand will expedite further drilling nearby,” said Luke Metzger, executive director of Environment Texas. “We could see more drilling than we otherwise would, which means more air pollution, more spills than we otherwise would.”

The Dune Express currently runs for about 12 to 14 hours a day at roughly half capacity but the company expects to it to be rolling along at all hours later this year.

In New Mexico, Lea County Commissioner Brad Weber said he hopes the belt alleviates traffic on a parallel highway where car crashes are frequent.

“I believe it’s going to make a very positive impact here,” he said.

Supreme Court confronts what to do with growing pile of nuclear waste

The Debate Continues

The Supreme Court will hear arguments Wednesday in a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.President Joe Biden's administration and a private company with a license for the Texas facility appealed a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority in granting the license. The outcome of the case will affect plans for a similar facility in New Mexico roughly 40 miles away.

On this issue, President Donald Trump's administration is sticking with the views of its predecessor, even with Texas Gov. Greg Abbott, a Republican ally of Trump, on the other side.

The push for temporary storage sites is part of the complicated politics of the nation’s so far futile quest for a permanent underground storage facility.

Here's what to know about the case.

Where is spent nuclear fuel stored now?

Roughly 100,000 tons of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.

A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.

The Nuclear Regulatory Commission has said that the temporary storage sites are needed because existing nuclear plants are running out of room. The presence of the spent fuel also complicates plans to decommission some plants, the Justice Department said in court papers.

Where would it go?

The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste, such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles west of Dallas, near the Texas-New Mexico state line.

The New Mexico facility would be in Lea County, in the southeastern part of the state near Carlsbad. The NRC gave a license for the site to Holtec International.

The licenses would allow for 40 years of storage, although opponents contend the facilities would be open indefinitely because of the impasse over permanent storage.

Political opposition is bipartisan

Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites.

Abbott is leading Texas' opposition to the storage facility. New Mexico Democratic Gov. Michelle Lujan Grisham also is opposed to the facility planned for her state.

A brief led by Republican Texas Sen. Ted Cruz on behalf of several lawmakers calls the nuclear waste contemplated for the two facilities an “enticing target for terrorists” and argues it's too risky to build the facility atop the Permian Basin, the giant oil and natural gas region that straddles Texas and New Mexico.

Elected leaders of communities on the routes the spent fuel likely would take to New Mexico and Texas also are opposed.

What are the issues before the court?

The justices will consider whether, as the NRC argues, the states forfeited their right to object to the licensing decisions because they declined to join in the commission’s proceedings.

Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.

The second issue is whether federal law allows the commission to license temporary storage sites. Opponents are relying on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance. In ruling for Texas, the 5th Circuit agreed that what to do with the nation’s nuclear waste is the sort of “major question” that Congress must speak to directly.

But the Justice Department has argued that the commission has long-standing authority to deal with nuclear waste reaching back to the 1954 Atomic Energy Act.

Some of those counties affected include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line. Photo via Getty Images

New Mexico court upholds emissions crackdown impacting oil, gas operations along Texas border

eyes on the west

The New Mexico Court of Appeals has upheld regulations aimed at cracking down on emissions in one of the nation’s top-producing oil and gas states.

The case centered on a rule adopted in 2022 by state regulators that called for curbing the pollutants that chemically react in the presence of sunlight to create ground-level ozone, commonly known as smog. High ozone levels can cause respiratory problems, including asthma and chronic bronchitis.

Democratic Gov. Michelle Lujan Grisham's administration has long argued that the adoption of the ozone precursor rule along with regulations to limit methane emissions from the industry were necessary to combat climate change and meet federal clean air standards.

New Mexico Environment Secretary James Kenney said the court's decision on Wednesday affirmed that the rule was properly developed and there was substantial evidence to back up its approval by regulators.

“These rules aren’t going anywhere,” Kenney said in a statement to The New Mexican, suggesting that the industry stop spending resources on legal challenges and start working to comply with New Mexico's requirements.

The Independent Petroleum Association of New Mexico had argued in its appeal that the rule disproportionately affected independent operators.

“The administration needs to stop its ‘death by a thousand cuts’ hostility to the smaller, family-owned, New Mexico-based operators,” the group's executive director, Jim Winchester, said in an email to the newspaper.

The group is considering its legal options.

Under the rule, oil and gas operators must monitor emissions for smog-causing pollutants — nitrogen oxides and volatile organic compounds — and regularly check for and fix leaks.

The rule applies to eight counties — Chaves, Doña Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia — where ozone pollutants have reached at least 95% of the federal ambient air quality standard. Some of those counties include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line.

The industry group had argued that Chaves and Rio Arriba counties shouldn’t be included. The court disagreed, saying those counties are located within broader geographic regions that did hit that 95% threshold.

The Texas oil and gas giant earned $9.24 billion, or $2.14 per share, for the second quarter of 2024. Photo via exxonmobil.com

ExxonMobil second-quarter profit rises on Pioneer acquisition and surging production

looking back

ExxonMobil recorded one of its largest second-quarter profits in a decade on surging quarterly production from oil and gas fields in Guyana and the Permian basin in the U.S., as well its $60 billion acquisition of Pioneer Natural Resources.

The Texas oil and gas giant earned $9.24 billion, or $2.14 per share, for the three months ended June 30, topping last year's profit of $7.88 billion, or $1.94 per share.

The results topped Wall Street expectations, though Exxon does not adjust its reported results based on one-time events such as asset sales. Analysts surveyed by Zacks Investment Research were expecting earnings of $2.04 per share.

“We achieved record quarterly production from our low-cost-of-supply Permian and Guyana assets, with the highest oil production since the Exxon and Mobil merger," Chairman and CEO Darren Woods said in a prepared statement Friday.

The Pioneer deal contributed $500 million to earnings in the first two months after closing, Exxon said.

Revenue for the Spring, Texas, company totaled $93.06 billion, topping Wall Street's expectations for $90.38 billion.

Exxon's net production reached 4.4 million oil-equivalent barrels per day during the second quarter, an increase of 15% compared with the first three months of the year.

Oil prices are lower than they were at this point last year, and those high prices sent Exxon and other energy giants on a buying spree.

Exxon announced in July 2023 that it would pay $4.9 billion for Denbury Resources, an oil and gas producer that has entered the business of capturing and storing carbon and stands to benefit from changes in U.S. climate policy.

Three months later it said it would spend $60 billion on shale operator Pioneer Natural Resources. That deal received clearance from the Federal Trade Commission in May.

In October Chevron said it would buy Hess Corp. for $53 billion, joining the acquisitions race.

Chevron Corp. also reported its second-quarter financial results on Friday, which fell far short of profit expectations.

In addition, the company said that it is moving its headquarters from San Ramon, California, to Houston, Texas. Chevron expects all corporate functions to transition to Houston over the next five years, with positions in support of its California operations remaining in San Ramon. Chairman and CEO Mike Wirth and Vice Chairman Mark Nelson will move to Houston before the end of the year.

Chevron currently has about 7,000 employees in the Houston area and approximately 2,000 employees in San Ramon. The company runs crude oil fields, technical facilities, and two refineries and supplies more than 1,800 retail stations in California.

Its shares slipped 1.7% before the opening bell.

Shares of ExxonMobil Corp. fell slightly in premarket trading. Chevron shares fell 1.7%.

The recent quakes damaged homes, infrastructure, utility lines, and other property, weakening foundations and cracking walls and ceilings, officials said. Photo via Unsplash

Fresh quakes damage parts of Texas area with long history of tremors caused by oil and gas industry

shaking structures

Damaging earthquakes that rocked West Texas in recent days were likely caused by oil and gas activity in an area that has weathered tremors for decades, according to the U.S. Geological Survey.

A sequence that began in 2021 erupted with its largest quake on Friday, a magnitude 5.1 in the most active area in the country for quakes induced by oil and gas activities, experts say. The recent quakes damaged homes, infrastructure, utility lines, and other property, weakening foundations and cracking walls and ceilings, officials said.

No injuries have been reported, the city of Snyder Office of Emergency Management said on Facebook. Officials declared a disaster in Scurry County.

“Safety is our top priority for all of our residents, and so we wanted to make sure we had all the available resources at our hands if we needed them,” said Jay Callaway, emergency management coordinator for the city of Snyder and Scurry County, of the disaster declaration. He added that despite resident concerns, a disaster declaration doesn't mean they were anticipating a “big one.” He said they continued to have small tremors on Monday.

There have been more than 50 earthquakes with a magnitude of 3 or larger — the smallest quakes generally felt by people are magnitude 2.5 to 3 — in the yearslong sequence, said Robert Skoumal, a research geophysicist with the USGS, in an email. A sequence is generally a swarm of earthquakes in a particular region motivated by the same activities, he said.

While Friday's was the largest in the sequence, officials have also recorded a recent 4.5, a 4.9 on July 23 and a 4.7 last year. A water line broke in the city of Snyder due to a quake last week, said Callaway, but it has been fixed.

“This particular portion of the Permian Basin has a long history of earthquakes induced by oil and gas operations, going back to at least the 1970s,” said Skoumal.

The Permian Basin, which stretches from southeastern New Mexico and covers most of West Texas, is a large basin known for its rich deposits of petroleum, natural gas and potassium and is composed of more than 7,000 fields in West Texas. It is the most active area of induced earthquakes in the country and likely the world, according to the USGS. The are many ways people can cause, or induce, earthquakes, but the vast majority of induced earthquakes in the Central United States are caused by oil and gas operations, Skoumal said.

Earthquakes were first introduced to the area via water flooding, a process in which water is injected into the ground to increase production from oil reservoirs.

Four other tremors larger than a magnitude 5 have rattled western Texas in the past few years. The biggest was a 5.4. “All four of these earthquakes were induced by wastewater disposal,” said Skoumal.

Further analysis is needed to confirm the specific cause of the region’s earthquakes, but because the area isn’t naturally seismic and has a long history of induced earthquakes, “these recent earthquakes are likely to also have been induced by oil and gas operations,” said Skoumal.

Oklahoma experienced a dramatic spike in the number of earthquakes in the early 2010s that researchers linked to wastewater from oil and gas extraction that was being injected deep into the ground, activating ancient faults deep within the earth’s crust. The wastewater is left over from oil and natural gas production and includes saltwater, drilling fluids and other mineralized water.

The large increase in Oklahoma quakes more than a decade ago led state regulators to place restrictions on the disposal of wastewater, particularly in areas around the epicenter of quakes. Since then, the number of quakes began to decline dramatically.

The lizard already is “functionally extinct” across 47 percent of its range. Photo via Getty Images

New endangered listing for rare lizard could slow oil and gas drilling in Texas, New Mexico

to save the species

Federal wildlife officials declared a rare lizard in southeastern New Mexico and West Texas an endangered species Friday, citing future energy development, sand mining and climate change as the biggest threats to its survival in one of the world’s most lucrative oil and natural gas basins.

“We have determined that the dunes sagebrush lizard is in danger of extinction throughout all of its range,” the U.S. Fish and Wildlife Service said. It concluded that the lizard already is “functionally extinct” across 47 percent of its range.

Much of the the 2.5-inch-long (6.5-centimeter), spiny, light brown lizard's remaining habitat has been fragmented, preventing the species from finding mates beyond those already living close by, according to biologists.

“Even if there were no further expansion of the oil and gas or sand mining industry, the existing footprint of these operations will continue to negatively affect the dunes sagebrush lizard into the future,” the service said in its final determination, published in the Federal Register.

The decision caps two decades of legal and regulatory skirmishes between the U.S. government, conservationists and the oil and gas industry. Environmentalists cheered the move, while industry leaders condemned it as a threat to future production of the fossil fuels.

The decision provides a “lifeline for survival” for a unique species whose “only fault has been occupying a habitat that the fossil fuel industry has been wanting to claw away from it,” said Bryan Bird, the Southwest director for Defenders of Wildlife.

“The dunes sagebrush lizard spent far too long languishing in a Pandora’s box of political and administrative back and forth even as its population was in free-fall towards extinction,” Bird said in a statement.

The Permian Basin Petroleum Association and the New Mexico Oil & Gas Association expressed disappointment, saying the determination flies in the face of available science and ignores longstanding state-sponsored conservation efforts across hundreds of thousands of acres and commitment of millions of dollars in both states.

“This listing will bring no additional benefit for the species and its habitat, yet could be detrimental to those living and working in the region,” PBPA President Ben Shepperd and NMOGA President and CEO Missi Currier said in a joint statement, adding that they view it as a federal overreach that can harm communities.

Scientists say the lizards are found only in the Permian Basin, the second-smallest range of any North American lizard. The reptiles live in sand dunes and among shinnery oak, where they feed on insects and spiders and burrow into the sand for protection from extreme temperatures.

Environmentalists first petitioned for the species' protection in 2002, and in 2010 federal officials found that it was warranted. That prompted an outcry from some members of Congress and communities that rely on oil and gas development for jobs and tax revenue.

Several Republican lawmakers sent a letter to officials in the Obama administration asking to delay a final decision, and in 2012, federal officials decided against listing the dunes sagebrush lizard.

Then-U.S. Interior Secretary Ken Salazar said at the time that the decision was based on the “best available science” and because of voluntary conservation agreements in place in New Mexico and Texas.

The Fish and Wildlife Service said in Friday's decision that such agreements “have provided, and continue to provide, many conservation benefits” for the lizard, but “based on the information we reviewed in our assessment, we conclude that the risk of extinction for the dunes sagebrush lizard is high despite these efforts.”

Among other things, the network of roads will continue to restrict movement and facilitate direct mortality of dunes sagebrush lizards from traffic, it added, while industrial development “will continue to have edge effects on surrounding habitat and weaken the structure of the sand dune formations.”

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Houston nonprofit launches new energy education platform

energy ed

The Energy Education Foundation, a Houston-based nonprofit, will roll out a new app-based education platform just in time for back-to-school season.

Starting this fall, EEF will offer its new EnergyXP platform to students in middle schools and through community and education events across the country. The STEM-focused platform aims to boost exposure to oil and gas concepts and career paths, according to a release from the non-profit.

EnergyXP represents a fully redesigned, interactive version of the foundation's former Mobile Energy Learning Units, which now feature upgraded technology, enhanced curricula and app integration.

“EnergyXP marks the most recent development in our educational initiatives. We aim to inspire students nationwide to explore real-world energy concepts and careers,” Kristen Barley, executive director of the Energy Education Foundation, said in the release. “Our collaborative approach involves strong partnerships with educators, industry experts and local organizations to ensure that our programs are responsive to community needs. By prioritizing equitable access to quality STEM education, we can help build a more inclusive, future-ready energy workforce.”

The new platform offers 16 hands-on and digital STEM activities that introduce a variety of energy concepts through real-world applications while "showcasing the relevance of energy in everyday life," according to the release.

EEF will host two virtual sneak peeks of the platform on Aug. 7 and Aug. 8. Register here.

Enbridge's new Texas solar project to power Meta data centers

solar deal

Construction is underway on a new 600-megawatt solar project in Texas that will supply renewable energy to Meta Platforms Inc., the owner of Facebook, Instagram and other tech platforms.

Calgary-based Enbridge Inc., whose gas transmission and midstream operations are based in Houston, announced that Meta has agreed to purchase 100 percent of the power generated by its new $900 million solar project known as Clear Fork.

The clean energy developed at Clear Fork will be used to support Meta’s data center operations, according to a news release from Enbridge. Meta has had net-zero emissions across its operational portfolio since 2020, according to its 2024 environmental report. The company matches 100 percent of its data center usage with renewable energy.

"We are thrilled to partner with Enbridge to bring new renewable energy to Texas and help support our operations with 100% clean energy, " Urvi Parekh, Head of Global Energy at Meta, said in a news release.

The Clear Fork project is expected to be operational by the summer of 2027. It will join Enbridge’s first solar power project in Texas, Orange Grove, which was activated earlier this year, as well as the company’s Sequoia solar project, which is scheduled to go online in early 2026.

"Clear Fork demonstrates the growing demand for renewable power across North America from blue-chip companies who are involved in technology and data center operations," Matthew Akman, executive vice president of corporate strategy and president of power at Enbridge, said in the news release. "Enbridge continues to advance its world-class renewables development portfolio using our financial strength, supply chain reach and construction expertise under a low-risk commercial model that delivers strong competitive returns."

Energy experts: Executive order enhances federal permitting for AI data centers

Guest column

In an effort to accelerate the development of artificial intelligence, President Trump signed an executive order (EO) aimed at expediting the federal permitting process for data centers, particularly those supporting AI inference, training, simulation, or synthetic data generation.

Following the White House’s issuance of a broader AI Action Plan, the EO seeks to streamline regulatory burdens and utilize federal resources to encourage the development of data centers supporting AI, as well as the physical components and energy infrastructure needed to construct and provide power to these data centers.

Qualifying Projects

The EO directs several federal agencies to take actions to incentivize the development of “Qualifying Projects,” which the EO defines as “Data Centers” and “Covered Component Projects.” The EO defines “Data Center Projects” as facilities that require over 100 megawatts (MW) of new load dedicated to AI inference, training, simulation, or synthetic data generation. The EO defines Covered Component Projects as materials, products, and infrastructure that are required to build Data Center Projects or upon which Data Center Projects depend, including energy infrastructure projects like transmission lines and substations, dispatchable base load energy sources like natural gas, geothermal, and nuclear used principally to power Data Center Projects, and semiconductors and related equipment. For eligibility as a Qualifying Project, the project sponsor must commit at least $500 million in capital expenditures. Data Center Projects and Covered Component Projects may also meet the definition of Qualifying Project if they protect national security or are otherwise designated as Qualifying Projects by the Secretary of Defense, Secretary of the Interior, Secretary of Commerce, or Secretary of Energy.

Streamlining Permitting of Qualifying Projects

The EO outlines the following strategies aimed at improving the efficiency of environmental reviews and permitting for Qualifying Projects:

NEPA Applicability: The Council on Environmental Quality (CEQ), in coordination with relevant agencies, is directed to utilize existing and new categorical exclusions under the National Environmental Policy Act (NEPA) to cover actions related to Qualifying Projects, which “normally do not have a significant effect on the human environment.” The EO states that where federal financial assistance represents less than 50 percent of total project costs of a Qualifying Project, the Project shall be presumed not to be a “major Federal action” requiring NEPA review.
FAST-41: The Executive Director of the Federal Permitting Improvement Steering Council (FPISC) is empowered to designate a Qualifying Project as a “transparency project” under the Fixing America’s Surface Transportation Act (FAST-41) and expedite its transition from a transparency project to a “covered project” under FAST-41. FPISC is directed to consider all available options to designate a Qualifying Project as a FAST-41 covered project, even where the Qualifying Project may not be eligible.
EPA Permitting: The US Environmental Protection Agency (EPA) is directed to modify applicable regulations under several environmental protection statutes impacting the development of Qualifying Projects on federal and non-federal lands. EPA is also directed to develop guidance to expedite environmental reviews for identification and reuse of Brownfield and Superfund Sites suitable for Qualifying Projects. Importantly, state environmental permitting agencies are not subject to the EO.
Corps Permitting: The US Army Corps of Engineers is directed to review the nationwide permits issued under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 to determine whether an activity-specific nationwide permit is needed to facilitate the efficient permitting of activities related to Qualifying Projects.
Interior Permitting: The US Department of the Interior is directed to consult with the US Department of Commerce regarding the streamlining of Endangered Species Act consultations for Qualifying Projects, and to work with the US Department of Energy to identify federal lands that may be available for use by Qualifying Projects and offer appropriate authorizations to project sponsors.

Federal Incentives for Qualifying Projects

The EO also directs the US Secretary of Commerce to “launch an initiative to provide financial support for Qualifying Projects,” which may include loans, grants, tax incentives, and offtake agreements. The EO further directs all “relevant agencies” to identify and submit to the White House Office of Office of Science and Technology Policy any relevant existing financial support that can be used to assist Qualifying Projects, consistent with the protection of national security.

The EO reinforces the Trump administration’s focus on AI and creates new opportunities for both AI data center developers and energy infrastructure companies providing power or project components to these data centers. Proactive engagement with relevant agencies will be crucial for capitalizing on the opportunities created by this EO and the broader AI Action Plan. By leveraging these financial and environmental incentives, project developers may be able to shorten permitting timelines, reduce costs, and take advantage of federal financial support.

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Jason B. Hutt, Taylor M. Stuart and Anouk Nouet are lawyers at Bracewell. Hutt is chair of the firm’s environment, lands and resources department. Stuart counsels energy, infrastructure, and industrial clients on matters involving environmental and natural resources law and policy. Nouet advises clients on litigation, enforcement and project development matters with a focus on complex environmental and natural resources law and policy.

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