News & Analysis as of

Administrative Procedure Act Bureau of Land Management

Troutman Pepper

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

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On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

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Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Allen Matkins

California Environmental Law & Policy Update - April 2020

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Federal government moves to weaken fuel economy standards adopted during Obama Administration - Bullet Los Angeles Times – March 31 - The U.S. Environmental Protection Agency and the U.S. Department of Transportation...more

WilmerHale

Environmental Litigation Alert: Citizen Suits Challenge Rollbacks, Replacements and Project Approvals

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This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more

Holland & Hart LLP

Interior Department Not Obligated to Update NEPA Analysis for Coal Leasing Program

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On June 19, 2018, the U.S. Circuit Court of Appeals for the District of Columbia rejected a challenge by environmental groups and held that the U.S. Department of the Interior (DOI) has no legal obligation to update its...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Bureau of Land Management Waste Prevention Rule: Earthjustice Federal Appellate Court Petition

Earthjustice on behalf of various organizations filed an April 20th Motion for Stay Pending Appeal (“Motion”) addressing the Bureau of Land Management’s (“BLM”) Waste Prevention Rule (“Rule”). The Motion challenges a...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing...

WildEarth Guardians v. United States Bureau of Land Management, et al., 870 F.3d 1222 (10th Cir. 2017). WildEarth Guardians and the Sierra Club (collectively, “Plaintiffs”) brought a claim under the Administrative Procedure...more

Stoel Rives LLP

Trump’s BLM Cannot Delay Implementation of Oil and Gas Methane Rules after Effective Date

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On October 4, 2017, the United States District Court for the Northern District of California held that the Bureau of Land Management (“BLM”) cannot postpone implementation of natural gas methane emission rules because such...more

Foley Hoag LLP - Environmental Law

Court Rejects BLM’s Efforts to Unbalance the Scales of Justice

On October 4, 2017, Magistrate Judge Elizabeth Laporte granted summary judgment to plaintiffs and vacated the Bureau of Land Management’s notice that it was postponing certain compliance dates contained in the Obama BLM rule...more

Foley Hoag LLP - Environmental Law

The Drumbeat Continues: Another Court Rejects an FEIR For Not Properly Considering Climate Change

Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account for 20% of U.S. coal production. ...more

Jones Day

Two Bureau of Land Management Regulations on Life Support Under President Trump

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The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more

Holland & Knight LLP

BLM Issues Final Rule Streamlining Renewables on Public Lands

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On Nov. 10, 2016, the Bureau of Land Management (BLM) issued its final rule (Rule) governing solar and wind energy development on public lands. The Rule creates a new leasing program that uses competitive leasing processes...more

Pillsbury - Gravel2Gavel Construction & Real...

9th Circuit Agrees With BLM: Incidental Take Statements Are Reserved For Fish and Wildlife

In Center for Biological Diversity, et al., v. Bureau of Land Management, the U.S. Court of Appeals for the Ninth Circuit held that the Bureau of Land Management (BLM) did not violate the Endangered Species Act (ESA) when its...more

Latham & Watkins LLP

US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act,...

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On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...more

BakerHostetler

Wyoming Federal District Court Stays BLM’s Hydraulic Fracturing Rule

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On June 23, a coalition of industry, states, and tribal interests convinced a federal judge to stay the effective date of the Bureau of Land Management’s (BLM) hydraulic fracturing rule. The stay demonstrates the first step...more

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