Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
In the Fall of 2023, the Interagency Working Group on Mining Laws, Regulations, and Permitting (“IWG”) released its final report containing recommendations to reform how mining is conducted on public lands (the “Final...more
The United States Forest Service (“Forest Service”) recently announced plans to amend all its land management plans for National Forest System units, affecting 128 plans in total. The Forest Service did so in a scoping notice...more
Asset sales involving the disposition of recreation-focused businesses on federal lands, including ski areas and guiding companies, require the buyer to obtain a new Special Use Permit (SUP) from the U.S. Forest Service...more
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
The United States Forest Service (“Service”) issued an April 2023 report titled: Mature and Old-Growth Forests: Definition, Identification, and Initial Inventory on Lands Managed by the Forest Service/Bureau of Land...more
USFS Seeks Comment on Array of Forest Conservation and Resilience Policy Issues - Earlier this week, the U.S. Forest Service (Forest Service) published an advanced notice of proposed rulemaking (ANPRM) seeking public...more
Federal Court Allows State To Import Cannabis-Related Paraphernalia - The Court of International Trade (CIT) recently held that a company in Washington state could lawfully import cannabis paraphernalia from other...more
California targets diesel trucks, ships for biggest pollution reductions in over a decade - Bullet Los Angeles Times – August 27 - The California Air Resources Board this Thursday adopted its biggest pollution-cutting...more
The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more
Opportunity for business in Arizona is booming. In a May 2019 ranking in Chief Executive Magazine, Arizona jumped to seventh best state to do business. Arizona is well known for its mineral deposits, but timber was once one...more
World War II left America exhausted after tremendous sacrifices were made by the American people. As the sun set on this storied chapter in American history, American society was ready for leisure which stirred a renewed...more
Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more
On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.” This Order initiates the assessment of both...more
A large billboard has been placed by anti-fracking extremists across from the Wayne National Forest (“the Wayne”) headquarters on U.S. Rt. 33 near Nelsonville, Ohio. The billboard declares, “Frack our national forest? No...more
After weeks of negotiations, on December 18, 2015, Congress finally approved the Fiscal Year 2016 omnibus spending bill. One hotly debated issue related to the controversial greater sage grouse (Centrocercus urophasianus). ...more
On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also...more
This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more
On the heels of the recent U.S. Fish and Wildlife Service (Service) decision not to list the greater sage grouse (Centrocercus urophasianus) under the Endangered Species Act and the concurrent Bureau of Land Management (BLM)...more
The U.S. Fish and Wildlife Service (“Service”) announced on Tuesday, September 22, 2015, that it would not list the greater sage-grouse under the Endangered Species Act (“ESA”). This decision represents a change of direction...more
The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more
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
On May 29, 2015, the U.S. Bureau of Land Management (BLM), in cooperation with the U.S. Forest Service, released Final Environmental Impact Statements for proposed amendments to existing Resource Management Plans (RMPs) for...more
On November 1, 2013, the U.S. Bureau of Land Management (BLM), as lead agency, and the U.S. Forest Service (Service), as cooperating agency, issued the Nevada and Northeast California Greater Sage-Grouse Draft Land Use Plan...more