Michael Sherman

Michael Sherman

Stoel Rives LLP

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New Laws Reform California’s Surface Mining and Reclamation Act

True to his word, Governor Jerry Brown signed two bills, AB 1142 and SB 209, into law on Monday to reform California’s Surface Mining and Reclamation Act (SMARA). Now, before getting too excited, keep in mind that the new...more

4/22/2016 - CEQA Fines Governor Brown Inspections Mining New Legislation Permits Reclamation SMARA

New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered...more

2/15/2016 - Amended Regulation Critical Habitat Endangered Species Act (ESA) National Marine Fisheries Service US Fish and Wildlife Service

California Fish & Game Commission Adopts “Very, Very Low” Standard for Candidacy under California ESA

El Niño has recently brought lots of rain to California, but it’s not quite time to start loading the animals two-by-two. However, the California Fish and Game Commission (Commission) did its part yesterday to save a...more

2/15/2016 - California Endangered Species Act California Fish and Game Commission ESA Listings US Fish and Wildlife Service

A Good Reminder: State and Federal Wildlife Laws Have Severe Penalties for Harm to Endangered Species

Welcome to the New Year! I have decided to declare 2016 to be the year of the endangered species. Why? We ended 2015 with a bang by seeing how serious the take prohibition in the California Fish and Game Code can be for fully...more

1/15/2016 - California Fish and Game Commission Criminal Penalties Endangered Species Fraud Real Estate Development

Your Tricolored Blackbird Problem Just Got Worse – Candidate Listing under the California ESA

Looks like Christmas came early, again, for the Center for Biological Diversity (CBD). Based on a petition submitted by CBD, the California Fish and Game Commission voted earlier this month to designate the tricolored...more

12/22/2015 - California Endangered Species Act Center for Biological Diversity ESA Listings State Department of Fish and Wildlife

Take of Fully Protected Fish Stops Large Housing Development Project in LA County

While many of us were busy hitting refresh for those great Cyber Monday deals, the California Supreme Court quietly issued its decision on the Newhall Ranch project. In a decision reminiscent of the snail darter era, the...more

12/3/2015 - CA Supreme Court California Fish and Game Commission Incidental Take Permits Real Estate Development

ESA Alert: U.S. Fish and Wildlife Service Initiates 12-Month Review for Listing

Last week, the U.S. Fish and Wildlife Service (“Service”) announced its 90-day findings on various petitions under the federal Endangered Species Act. The Service found that 23 petitions presented substantial scientific or...more

9/24/2015 - Endangered Species Endangered Species Act (ESA) ESA Listings US Fish and Wildlife Service

Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

September 11, 2015, was the deadline for lawmakers to pass legislation and send to the Governor for signature or veto. Below is a summary of several bills related to oil and gas activities, which Stoel Rives has been...more

9/15/2015 - Carbon Emissions Energy Sector Global Warming Groundwater Legislative Agendas Oil & Gas Pending Legislation Sustainable Groundwater Management Act (SGMA) Water Resources Control Board

Another George Clooney Film in the Making? Nevada Supreme Court Rejects Rule Against Perpetuities Argument for Mining Agreement

The Nevada Supreme Court recently decided that the rule against perpetuities does not apply to area-of-interest provisions in commercial mining agreements. While you should not expect this case to become a summer blockbuster...more

4/6/2015 - Mining Mining Contracts NV Supreme Court Rule Against Perpetuities

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

2/27/2015 - Bureau of Land Management Endangered Species Act (ESA) Leases Oil & Gas Permits US Fish and Wildlife Service Well Drilling

Fresno County Aggregate Mine Fends Off Court Challenge

In Friends of the Kings River v. County of Fresno, No. F068818 (Cal. Ct. App. 5th Dist., Dec. 8, 2014), the Fifth Appellate District upheld Fresno County’s (County) approval of the Carmelita Mine and Reclamation Project...more

12/19/2014 - Conservation Easements Farms Mining Mining Contracts Reclamation

Oil & Gas Law Alert: SB 4 Well Stimulation Treatment Regulations - Second Revised Text of Proposed Regulations

On Thursday, October 9, 2014, the California Department of Conservation ("Department") issued public notice of the Second Revised Proposed Regulations for SB 4 Well Stimulation Treatment Regulations ("Second Revised...more

10/13/2014 - Department of Conservation Oil & Gas Proposed Regulation Public Comment Underground Injection Wells Water Water Resources Control Board

Zinc: It's Not Just for Lifeguards

Minerals Make Life - an initiative created by the National Mining Association - has recently developed an infographic explaining the importance of the mineral zinc....more

8/18/2014 - Minerals Natural Resources

Construction Aggregate Production Rebounds in California; Gold Production Declines

On April 29th, the California Geological Survey (CGS) released production data from 2012 indicating that the production of construction aggregate (sand, gravel and crushed stone) increased for the first time since 2007 in...more

5/1/2014 - Minerals

Proposed Sage-Grouse Protections May Impact Mining Along the California-Nevada Border

On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the...more

11/4/2013 - Endangered Species Endangered Species Act (ESA) ESA Listings Mining US Fish and Wildlife Service

Leniency for California Miners -- And a Call for "Top to Bottom" Reform of California Surface Mining Law

California Governor Jerry Brown signed SB 447 on Saturday, September 28, 2013, which modifies the Office of Mine Reclamation’s (OMR) authority to list or delist a mine from its list of “good mines” under Cal. Public Resources...more

10/2/2013 - Jerry Brown Mining SMARA

The Not So Good, the Bad and the Ugly: What Every Landman Needs to Know About Community Leases

In this presentation: - Creation - Conveyance Problems - Allocation of Royalties - Partial Quitclaim Problem - Pooling - Foreclosure Issues - Excerpt from: Conveyance Problems...more

9/9/2013 - Foreclosure Land Titles Leases Mineral Rights Quitclaim Deeds Royalties

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