News & Analysis as of

Department of the Interior

Environmental and Energy Policy Round-Up: Status of Regulations and Key Decisions under the New Administration

by Miles & Stockbridge P.C. on

There has been much discussion lately regarding the new Administration’s efforts to review and possibly “roll-back” several environmental and energy-related regulations issued by the Environmental Protection Agency (EPA), the...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 4

by Clark Hill PLC on

Budget Battles: Amid a recess, lawmakers will miss the April 15 target date for adopting a federal budget outline for the second year in a row. While there are no penalties for missing the April 15 date, a slow start for...more

How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal Industries

by Perkins Coie on

President Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth (the Order) includes significant revisions to the regulatory landscape both (1) directly in the case of oil and...more

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change

by K&L Gates LLP on

President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the...more

Window On Washington - This Week in the Nation's Capital - Vol. 1, Issue 2

by Clark Hill PLC on

Budget/Appropriations - April Deadline: The first deal Trump must cut is one to keep the government open past April 28, and here Republicans and Democrats mostly want him to get out of the way. Senate appropriators in...more

Trump’s DOI to Repeal Fracking Regulations for Federal Lands

by Liskow & Lewis on

On March 15, 2017, the BLM filed a motion to continue argument and hold in abeyance an appeal before the Tenth Circuit where the parties were contesting the validity of the BLM’s rule regulating “Oil and Gas; Hydraulic...more

Avangrid Wins Latest BOEM Auction for Offshore North Carolina Lease and Moves Towards Full Commercial Lease

by K&L Gates LLP on

Following an auction on March 16, 2017, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) named Avangrid Renewables, LLC (Avangrid) the provisional winner of the auction. Avangrid, majority owned...more

The Congressional Review Act: Congress Dusts Off an Old Oversight Weapon

by Beveridge & Diamond PC on

One of the great powers that Congress has to undo changes made by a prior administration is the Congressional Review Act (CRA), which was enacted in 1996. As of March 17, 2017, this Congress has used the CRA to overturn more...more

Fifth Circuit Dismisses False Claims Act Suit Alleging Violation Of Offshore Regulations

by Liskow & Lewis on

In Abbott v. BP, the plaintiffs alleged that BP had falsely certified to compliance with regulatory requirements pertaining to the engineering of the Atlantis Platform, a semi-submersible floating production facility capable...more

Senate Confirms Secretary of the Interior Ryan Zinke

by Nossaman LLP on

On March 1, 2017, the Senate confirmed Rep. Ryan Zinke (R-Mont.) as Secretary of the Interior in a 68-31 bipartisan vote. He was sworn into the Cabinet later that day by Vice President Mike Pence. Zinke was able to attract...more

Congress Looks to Overturn Obama-Era Regulations and Assert a Stronger Role in the Administrative Rulemaking Process

by Baker Donelson on

Passed in 1996 as part of the so-called Contract with America, the Congressional Review Act (CRA) provides Congress with an expedited legislative process to overrule "major" regulations (those with an annual effect on the...more

Endangered Species Act Case Roundup

by Nossaman LLP on

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

Trump Administration Takes Initial Steps to Implement Repeal of Energy, Environmental Regulations

by Holland & Knight LLP on

Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations that the group argued should be repealed quickly after the...more

What’s Next Under the Congressional Review Act?

As we reported, the House and Senate have passed a joint resolution under the Congressional Review Act disapproving the SEC Resource Extraction Rule and that President Trump was expected to sign the legislation that...more

What Might Be Ahead for Environmental Regulation in the Trump Administration?

by Burr & Forman on

By almost every account, the Trump Administration is likely to alter substantially the environmental regulatory landscape. Actions have already been taken to delay the implementation of regulations as well as initiating...more

DOI Issues Solicitor’s Opinion That MBTA Prohibits Incidental Take

by Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more

DOI Releases Scoping Report on Coal Leasing Reforms

by WilmerHale on

On January 11, 2017, the Bureau of Land Management (BLM) within the Department of the Interior released a scoping report analyzing a wide range of proposed reforms to the federal coal leasing program, administered by the BLM....more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

“Mighty Difference Between a Living Thump and a Dead Thump” – BSEE’s “Universal Thump” Invalidated; District Court Holds that BSEE...

by Baker Donelson on

In a dramatic reversal of a prior and equally dramatic, watershed administrative decision of the Interior Bureau of Land Appeals (IBLA) upholding the Bureau of Safety and Environmental Enforcement’s (BSEE) regulatory...more

California Sues Federal Government Alleging Inadequate Environmental Review of Offshore Drilling Proposal

by Stoel Rives LLP on

In one of her last major legal actions before leaving office as California’s Attorney General, Kamala Harris, along with the California Coastal Commission (jointly the “Attorney General”), filed suit against various federal...more

Secretary of Interior Nominee Willing to Work for Tribes

by Holland & Knight LLP on

President-Elect Donald Trump has officially announced Rep. Ryan Zinke (R-Mont.) as his nominee for Secretary of the U.S. Department of Interior (DOI). During his time in Congress, Zinke has addressed various DOI issues...more

Energy in Transition: Trump Announces Additional Cabinet Nominees

by Holland & Knight LLP on

President-Elect Donald Trump announced this week three new cabinet nominees who will certainly influence U.S. energy policy at home and abroad. This alert is intended to update clients on the President-Elect's nominees and...more

WilmerHale ENsights - December 2016

by WilmerHale on

Welcome to the inaugural issue of WilmerHale ENsights. In this and future editions, we will share weekly energy policy analysis on President-elect Donald Trump’s transition and the priorities of the new Congress. Our...more

Massachusetts Gaming Update: The Mashpee Wampanoag Tribe’s Revised Game Plan

by Goodwin on

Tribal gaming may have endured a setback, but perhaps not a complete elimination in the Massachusetts gaming arena. When a U.S. District Court judge determined the federal government erred in approving the Mashpee Wampanoag...more

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