News & Analysis as of

Forest Service Environmental Policies

Brownstein Hyatt Farber Schreck

Forest Service Proposes Regulatory Amendments to Permit Carbon Sequestration on NFS Lands

On Nov. 3, 2023, the U.S. Forest Service issued a proposed rule to amend its special use regulations to authorize carbon dioxide (CO2) sequestration on National Forest System (NFS) lands (both national forests and...more

Latham & Watkins LLP

European Deforestation Regulation Enters Into Force

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The regulation aims to minimise the EU’s contribution to deforestation and forest degradation. The European Deforestation Regulation (EUDR) entered into force on 29 June 2023, following publication in the Official Journal...more

Brownstein Hyatt Farber Schreck

Seeing the Forest for the Trees, and the Climate for the Forest

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

Goldberg Segalla

Politics Threaten Passage Of Wildfire Mitigation Bills

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Lawmakers from both parties, in both houses of Congress, have proposed bills intended to speed up forest-management projects that reduce wildfire fuels, like brush and small trees, which can cause large-scale fires of the...more

Allen Matkins

California Environmental Law & Policy Update - December 2021 #2

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Industry groups and seven states lose bid to reinstate rule limiting scope of Clean Water Act - Courthouse News Service – December 7 - Seven states and a collection of industry groups fighting to revive a Trump-era...more

Allen Matkins

California Environmental Law & Policy Update - October 2021 #5

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Federal court rejects continued application of Trump-era water quality review rule pending adoption of alternative regulation - Courthouse News Service – October 22 - Judge William Alsup of the U.S. District Court for...more

Perkins Coie

Environmental Impact Statement Required Due to Conflicting Evidence About Project’s Effects

Perkins Coie on

An agency must prepare an environmental impact statement when it fails to address expert scientific evidence that undermines its conclusions about a project’s environmental effects. An agency also must prepare an EIS when...more

Allen Matkins

California Environmental Law & Policy Update - November 2020 #3

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U.S. Forest Service finalizes rule weakening environmental review of its projects - Bullet The Hill – November 18 - The U.S. Forest Service this Wednesday finalized its decision to weaken environmental analysis of...more

Perkins Coie

Logging Plan Not Categorically Excluded From Environmental Review Under NEPA

Perkins Coie on

The Ninth Circuit Court of Appeals held that a U.S. Forest Service plan for commercial logging of some 4,700 acres of fire-damaged Mendocino National Forest could not reasonably be interpreted as falling within a NEPA...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #4

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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

Morgan Lewis

US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail

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The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #3

Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more

Saul Ewing LLP

Applying “Basic Property Law Principles,” SCOTUS Upholds Forest Service’s Grant of Pipeline Right-of-Way Beneath the Appalachian...

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“Sometimes a complicated regulatory scheme may cause us to miss the forest for the trees, but at bottom, these cases boil down to a simple proposition: A trail is a trail, and land is land.” Justice Thomas, Opinion of the...more

Flaster Greenberg PC

The Appalachian Trail Is Now A Battlefield In The Pipeline Conflict

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The latest battlefield in the American pipeline wars is one of the most celebrated, venerable and scenic places in the United States - the Appalachian Trail. Stretching about 2,200 miles from Maine to Georgia, the Appalachian...more

Benesch

Supreme Court Hears Arguments on Atlantic Coast Pipeline

Benesch on

On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail.  Supporters of the...more

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

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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

Hogan Lovells

Supreme Court to review important pipeline decision

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On October 4, 2019, the Supreme Court granted review of a Fourth Circuit decision that rejected U.S. Forest Service authorization of a $7 billion natural gas pipeline. See Cowpasture River Pres. Assn v. Forest Service, 911...more

Nossaman LLP

[Webinar] Handling the Heat: The Evolving Nature of Washington's Wildfires - October 8th, 11:00 am PT

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Please join Nossaman Environment & Land Use Partner Linda Larson of the Firm’s Seattle office and Nossaman Water Practice Group Associate Willis Hon for "Handling the Heat: The Evolving Nature of Washington's Wildfires," a...more

Snell & Wilmer

Rosemont Project FEIS, ROD and Unpatented Mining Claims Dealt Blow by Arizona District Court

Snell & Wilmer on

The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife...more

WilmerHale

US Forest Service Proposes NEPA Streamlining Rule: Implications for the Outdoor Recreation Industry

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On June 13, the US Forest Service announced a proposal to streamline environmental review of proposed projects on National Forest System land. The proposed rule would modify the agency’s regulations implementing the National...more

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

Technology in the Forest Workshop: June 14th-15th Arkansas Forestry Association Workshop

The Arkansas Forestry Association (“AFA”) announced it is holding a workshop titled: Technology in the Forest Workshop (“Workshop”) ...more

Stoel Rives LLP

Timberlands Regulation under the @realDonaldTrump  Administration 

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Those who closely watch the current White House pay particular attention to one Twitter handle: @realDonaldTrump. President Trump is not the first US president to use Twitter to communicate to the country. But I think it’s...more

Perkins Coie

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

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The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Allen Matkins

California Environmental Law & Policy Update - January 2017 #3

Allen Matkins on

Environmental and Policy Focus - Trump EPA pick: still 'some debate' over human role in climate change - The Guardian - Jan 18 - During a combative Senate confirmation hearing this week, Scott Pruitt,...more

Allen Matkins

California Environmental Law & Policy Update - March 2016

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Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

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