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Senators Critique Proposed Federal Rules for Hydraulic Fracturing on Federal and Indian Lands

On September 30, 2014, a block of twelve Democratic U.S. Senators presented a letter to the White House’s Office of Management and Budget (“OMB”), urging stricter fracking regulations. The Bureau of Land Management (“BLM”),...more

Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a...more

Renewable Energy Update -- August 2014 #2

Renewable Energy Focus - Renewables provide 56 percent of new U.S. generating capacity in first half of 2014: Electric Light & Power - Jul 21: Solar, wind, biomass, geothermal, and hydropower provided 55.7 percent of...more

The Wind River Reservation Treatment-as-State Controversy: How Confusion Undermines Opportunities for Cooperative Governance

Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource...more

EPA’s Proposed Rule for New Power Plants Could Trigger Excessive Title V Permit Fees

Proposed Greenhouse Gas Performance Standards for new power plants will have broader implications for Clean Air Act operating permit fees. The public comment period will soon close on May 9, 2014 for the Environmental...more

Snohomish tidal project wins FERC pilot license

Federal regulators have issued a pilot license for a proposed tidal energy project in Washington. Yesterday, the Federal Energy Regulatory Commission issued a 10-year pilot license to Public Utility District No. 1 of...more

Bureau of Land Management to Focus Anew on Venting and Flaring on Federal and Indian Lands

Consistent with the administration’s ongoing focus on methane emissions, the Bureau of Land Management (BLM) is initiating a process of inviting feedback for the anticipated rulemaking regarding Onshore Oil and Gas Order 9,...more

Fish And Wildlife Service Considers Increased Regulation Of Oil And Gas In Refuges

The U.S. Fish and Wildlife Service announced on February 24 that it will be developing proposed regulations to adopt a significantly more stringent approach to the management of oil and gas activities associated with any...more

Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). Bill 70 draws upon a number of the measures...more

Tighter Regulations Amid the Fracking Fray: The Bureau of Land Management’s proposals could affect production on 700 million acres...

The federal government is poised to tighten regulation of hydraulic fracturing — the drilling method behind the boom in U.S. natural gas production — by proposing to revise rules affecting 700 million acres of federal and...more

Washington State Supreme Court Issues Landmark Ruling: “Overriding Considerations Of The Public Interest” Do Not Justify...

On October 3, 2013, the Washington State Supreme Court ruled in Swinomish Indian Tribal Community v. Wash. Dept. of Ecology (No. 87672-0, Wash. Oct. 3, 2013) that the Department of Ecology exceeded its authority by applying...more

Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

Oil and Gas Update - Hydraulic Fracturing Regulations - Bureau of Land Management: On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed...more

Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013

On August 16, 2013, the Government of Alberta ("Alberta") released its Policy on Consultation with First Nations on Natural Resource Management, 2013 (the "Policy"). The Policy is the product of extensive consultation with...more

BLM Revises Proposed Rule on Hydraulic Fracturing

On May 16, 2013, the U.S. Department of the Interior’s Bureau of Land Management (“BLM”) issued a revised proposed rule regarding hydraulic fracturing on federal and Indian lands for oil and gas production....more

BLM Issues Revised Proposed Fracking Regulations

The Bureau of Land Management (BLM) has issued a revised proposed rule for regulating hydraulic fracturing—or “fracking.” ...more

The Government Of Québec Imposes A Temporary Moratorium On Uranium Exploration And Development

On March 28th, Québec Environment minister Yves-François Blanchet announced that the Bureau d’audiences publiques sur l’environnement (BAPE) will hold public hearings on the uranium sector in Québec. These hearings are...more

Renewable Energy Update -- April 23, 2013

Renewable Energy Focus - ..Weakest quarter for clean energy investment since 2009, Bloomberg - Apr 14: Global investment in clean energy in the first three months of 2013 was lower than in any quarter for the...more

A Look at the Obama Administration’s Upcoming Hydraulic Fracturing Regulations

This spring, the oil industry and environmental groups are expecting the Department of Interior’s Bureau of Land Management (BLM) to issue a revised rule that will regulate hydraulic fracturing (fracking) on federal and...more

Renewable Energy Update -- December 10, 2012

In This Issue: Renewable Energy Focus - California lawmakers make plans to spend $2.5 billion in new energy funds; DOE unveils new procurement policy for renewable energy development on tribal lands; California's sprint...more

Energy Law Bulletin: Alberta’s New Energy Regulator: What Does it Mean for Project Development?

On October 24, 2012, the Government of Alberta introduced Bill 2: the Responsible Energy Development Act (“REDA”). If enacted, REDA will establish a single energy regulator and create a new regulatory framework for energy...more

Focus on Mining: The New Fisheries Act: What Miners Need To Know

The repeal and enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal legislation is the most significant change in federal environmental assessment (EA) since the legislation was...more

The Amorphous "Unusual Circumstances" Exception to CEQA's Categorical Exemption Strikes Again

Voices for Rural Living v. El Dorado Irrigation District, Super. Ct. No. PC20080398, (Oct. 4, 2012) The recent Voices for Rural Living v. El Dorado Irrigation District case from the California Court of Appeal’s Third...more

White House Announces Expedited Schedule for Renewable Energy Projects

On August 7, the White House announced an expedited approval schedule for seven solar and wind projects on federal and tribal lands in Arizona, California, Nevada and Wyoming totaling 5,000 megawatts (MW) of energy-producing...more

A New Paradigm for Aboriginal Consultation in Ontario: What Miners Need to Know

The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”)...more

McAfee & Taft RegLINC - July 2012: Two federal agencies issue draft rules on fracking By Jared Burden.

After several years of anticipation, the federal government has finally entered into one of the most contentious debates in recent environmental history – hydraulic fracturing. In this process, sometimes called “fracking,”...more

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