Thomas Henry

Thomas Henry

Stoel Rives LLP

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BLM Must Take a “Hard Look” at Fracking Impacts

On September 6, 2016, a federal Judge issued an Order finding that the U.S. Bureau of Land Management (“BLM”) failed to take a “hard look,” as required under the National Environmental Policy Act (“NEPA”), at the potential...more

9/12/2016 - Bureau of Land Management Environmental Impact Report (EIR) Fracking NEPA Oil & Gas

The Other Shoe Just Dropped on Methane Emissions from the Oil and Gas Industry

Not to be outdone by its federal counter-parts, the California Air Resources Board (“ARB”) released Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“proposed rule”) for methane emissions on...more

6/9/2016 - Bureau of Land Management CARB Comment Period EPA Greenhouse Gas Emissions Oil & Gas Proposed Regulation

Why California’s New Groundwater Management Law is a Game Changer for Mine Operators

Ready or not, California’s new Sustainable Groundwater Management Act (“SGMA”) is here and mine operators should be vigilant in monitoring and actively participating in developments under the law. Previously, the use of...more

4/29/2016 - Department of Water Resources Groundwater Management Plan Sustainable Groundwater Management Act (SGMA) Water Rights

CA Lawmaker Floats a Legislative Fix to Siskiyou County Farm Bureau Case

Last summer, the Third District Court of Appeal issued a sweeping ruling in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, which made any substantial diversions of water subject to the streambed alteration...more

4/18/2016 - California Fish and Game Commission Inland Waterways Proposed Legislation Water Rights

Updates to CEQA Guidelines for Transportation Impacts Analysis Under SB 743

On January 20, 2016, the Governor’s Office of Planning and Research (“OPR”) released a revised draft of thresholds for measuring transportation impacts under the California Environmental Quality Act (“CEQA”). These draft...more

2/5/2016 - CEQA Greenhouse Gas Emissions Land Use Restrictions Threshold Requirements Urban Planning & Development

Financial Assurance Requirements are on the Horizon for Hard Rock Miners

On January 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (“EPA”) to finalize the long-awaited “financial assurance” regulations under section 108(b) of...more

2/2/2016 - Appeals CERCLA Contaminated Properties EPA Mining

How to Fix Your GHG Analysis After the California Supreme Court’s Newhall Ranch Decision

My colleague, Michael Sherman, posted yesterday about two issues decided in the California Supreme Court’s decision in Center for Biological Diversity v. California Department of Fish and Wildlife. Today, I’ll address the...more

12/4/2015 - Cap-and-Trade Center for Biological Diversity CEQA GHG Auction Real Estate Development SCOTUS State Department of Fish and Wildlife

Gov. Brown Assembles Fracking Review Panel

According to several news organizations, Governor Brown has announced plans to form a new panel to review the recent well stimulation study conducted by the California Council on Science and Technology (“CCST”)....more

7/27/2015 - Drinking Water EPA Fracking Greenhouse Gas Emissions Jerry Brown Oil & Gas Public Land Race Discrimination Wastewater

Independent Study on California Fracking Released

The California Council on Science & Technology (“CCST”) recently released its Independent Study of well stimulation in California. The report was prepared for the California Natural Resources Agency in response to Senate Bill...more

7/17/2015 - CCST Environmental Assessments Fracking Information Reports Oil & Gas Pending Legislation Water

DOGGR Releases Final Well Stimulation EIR

Yesterday, July 1, 2015, pursuant to Senate Bill 4 (“SB 4”) the State Oil & Gas Supervisor Steven Bohlen, head of the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”), certified a Final...more

7/3/2015 - CEQA DOGGR Environmental Impact Report (EIR) Fracking Oil & Gas

Fish & Game Code Section 1602 Is Unambiguous, Now Requiring More Water Users To Provide “1602 Notification” To “Substantially...

On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual...more

6/16/2015 - Agricultural Land Appeals California Fish and Game Commission Drought Farm Bureau Farms Inland Waterways Notice Requirements State Department of Fish and Wildlife Water Diversion Water Rights

Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not...more

2/26/2015 - Basketball CEQA Environmental Impact Report (EIR) Environmental Review NBA Public Projects

California Supreme Court To Resolve Appellate Court Split on Federal Preemption in Railroad Regulation

On December 10, 2014, the California Supreme Court granted petition for review in Friends of the Eel River v. North Coast Railroad Authority to resolve a split between the First and Third District Courts of Appeal. (230...more

1/29/2015 - Appeals CEQA ICCTA Preemption Railroads

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

Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person

In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San...more

6/5/2014 - CEQA Conservation Environmental Impact Report (EIR) Environmental Policies

Is A 16% Reduction in GHG Emissions From "Business-As-Usual" Enough Under CEQA?

Our previous post on the Second District Court of Appeal’s decision in Center for Biological Diversity v. Department of Fish & Wildlife, No. B245141 (Mar. 20, 2014), highlighted the court’s holdings on California...more

6/3/2014 - Appeals California Endangered Species Act CARB Center for Biological Diversity CEQA Energy Energy Projects Greenhouse Gas Emissions Renewable Energy State Department of Fish and Wildlife

SMARA Amendments Moving Forward in State Senate

SB 1270, sponsored by State Senator Fran Pavley (D-Agoura Hills), survived the Senate Committee on Natural Resources and Water on April 29, 2014 by a 7-2 vote. ...more

5/9/2014 - Amended Legislation Mining Natural Resources SMARA Water

SB 4 Interim Emergency Regulations Contain Significant Changes Following Public Comment Period

After a five-day comment period over the Christmas and New Year's Day holidays, the Division of Oil, Gas and Geothermal Resources' ("DOGGR") emergency regulations are final and now in effect. The revisions, while few, are...more

1/6/2014 - DOGGR Environmental Policies Groundwater Water

Oil & Gas Law Alert: SB 4 Compliance Begins in December for January 2014 Well Stimulation Treatments

Yesterday, the Division of Oil, Gas, & Geothermal Resources ("DOGGR") released a Notice to Operators (the "Notice"), clarifying that some notification aspects of SB 4 will require compliance as early as the beginning of...more

11/22/2013 - DOGGR Energy Fracking Notifications Oil & Gas

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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