Energy & Utilities Indigenous Peoples

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Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

Utah Congressmen Unveil Landmark Public Land Bill

On January 20, Congressmen Rob Bishop and Jason Chaffetz unveiled a “discussion draft” of the Utah Public Lands Initiative Act. The proposed bill undertakes the difficult task of balancing economic development and...more

B.C. Has Authority to Impose Conditions on Northern Gateway Pipeline

In its recent decision in Coastal First Nations v. British Columbia (Environment), the B.C. Supreme Court (Court) held that the provincial government retains authority to impose conditions on the proposed Northern Gateway...more

EPA Seeks Comments from Tribes on the Clean Power Plan Proposed Federal Implementation Plan and Model Rules for Emissions Trading

On October 23, 2015, the EPA published its Proposed Federal Implementation Plan (FIP), which includes Model Rules for Emission Trading under the Clean Power Plan. With the formal publication, the EPA opened a 90 day comment...more

First Nations Must Show Specific Impact on Rights to be Entitled to Pursue a Regulatory Appeal

The Alberta Court of Appeal, in O’Chiese First Nation v Alberta Energy Regulator, dismissed two applications by the O’Chiese First Nation seeking permission to appeal decisions by the Alberta Energy Regulator (AER) approving...more

2015 ONRR Civil Penalties: Where, Why, and How Much

The Office of Natural Resources Revenue (“ONRR”), a unit within the United States Department of the Interior, is responsible for collecting and disbursing revenues from energy production on federal and Indian lands and...more

BIA Finalizes Reforms for Obtaining Rights of Way on Indian Lands

On November 19, the Bureau of Indian Affairs (BIA) published a final rule that makes sweeping changes to the process for obtaining rights of way for proposed oil and gas pipelines, electric transmission lines, railroads,...more

Failing on the Big Stage: Another Attempt to Regulate Fracking Falls Short

In March 2015, the U.S. Department of the Interior (DOI) became the most prominent governmental entity to join in on the attempts to regulate hydraulic fracturing, or fracking. More specifically, the DOI’s sweeping...more

Federal Energy Legislative Update

There has been recent action in Congress on issues important to the oil and gas industry. This post provides an overview of the major energy-related bills in Congress. H.R. 538, the Native American Energy Act – On...more

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

Federal Judge Grants Preliminary Injunction Blocking Enforcement of New BLM Hydraulic Fracturing Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more

BREAKING: Wyoming Federal Court Halts Implementation Of Public Lands Hydraulic Fracturing Rule

Late yesterday, Judge Scott Skavdahl of the federal district court in Wyoming issued a much-anticipated order granting a series of preliminary injunction motions filed in litigation challenging the Bureau of Land Management’s...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. New Interim DEP Commissioner - On Tuesday, September 8, at 4:30 pm Avery Day was sworn in as...more

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified...more

From Playa Lakes To Prairie Potholes: Four Things Energy Companies Need to Know About the WOTUS Rule

Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more

D.C. District Court Judge Chastises the Department of the Interior, Ordering It to Deliver a Plan on a BLM Drilling Permit, After...

On July 27, 2015, D.C. District Court Judge Richard J. Leon entered a strongly worded order in Solenex LLC v. Jewell, chastising the defendants, including the Department of the Interior and numerous other federal agencies,...more

BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation

Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian...more

ONRR Continues to Penalize Oil and Gas Companies With Federal Leases in Wyoming for Failure to Submit Production Reports

The Department of the Interior’s Office of Natural Resources Revenue (“ONRR”) announced that it has issued a $6.9 million civil penalty to High Plains Gas, Inc., for failure to submit production reports for numerous federal...more

Declaration Requirement Removed from First Nation Consultation Procedures

On June 10, 2015, the Alberta Energy Regulator (AER) released a revised version of the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures) and Bulletin 2015-20. While the...more

Drilling Down on Transparency: Quebec Introduces Bill Requiring Reporting For Mining, Oil & Gas Industries

On June 11, 2015, Quebec’s Minister for Mines introduced a bill before the Quebec National Assembly that proposes to impose mandatory reporting requirements on businesses operating in the mining and oil and gas sectors. The...more

Yet Another Lawsuit Seeking to Limit California Oil Development

The clamor over hydraulic fracturing continued Wednesday as environmental activists filed another lawsuit to limit oil and gas development in California. The lawsuit, filed by Earthjustice on behalf of the Center for...more

Week in Review – June 2015

Special Session – Not Yet - Governor Mark Dayton and House Republican leaders on Monday tentatively agreed to a two-year school spending budget, moving them one step closer to avoiding a partial government shutdown...more

Update: Extractive Sector Transparency Measures Act Now In Force

The Extractive Sector Transparency Measures Act (ESTMA) came into force on June 1, 2015. ESTMA is designed to reduce international corruption by enacting reporting obligations with respect to payments made to foreign and...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Still No Budget as Statutory Adjournment Date Nears - As the legislative session ticks toward...more

Preliminary Injunction Motion Filed To Stop BLM’s Final Fracking Rule

Last Friday, the Independent Petroleum Association of America (IPAA) and the Western Energy Alliance (WEA) opened their arguments on a preliminary injunction motion to halt the federal Bureau of Land Management’s (BLM) final...more

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