Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
On April 10, 2024, the Bureau of Land Management (BLM) issued a long-awaited final rule updating its venting and flaring requirements on federal and Indian leases, imposing new requirements to establish plans for gas takeaway...more
In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from...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
The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more
On Friday, the Treasury Department’s Office of Investment Security proposed expanding the authority of the Committee on Foreign Investment in the United States (CFIUS) to block real estate transactions involving foreign...more
Government Advantage and Reasonable Land Use - A majority of the Supreme Court of Canada (SCC) recently clarified that any public “advantage” that government obtains through land regulations that deprives a property owner...more
The Hong Kong Court of Appeal has confirmed the position that correspondence marked "without prejudice" may not in fact be inadmissible before the court notwithstanding the label. Whether there was an existing dispute is a...more
In Anderson v. City of San Jose (2019), the Sixth District Court of Appeal held that California’s charter cities must comply with the Surplus Land Act (Govt. Code § 54220 et seq.). This decision, essentially, ruled that the...more
Yesterday, the Bureau of Land Management (“BLM”) announced its recommendation that the hydraulic fracturing rule from 2015 entitled, “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” be rescinded – the Federal...more
Wyoming U.S. District Court Declares Bureau of Land Management’s Hydraulic Fracturing Rule Unlawful On June 21, 2016, United States District Judge Scott Skavdahl granted BakerHostetler’s petition for review of final...more
Local Government Agencies with Authority Over Fracking Sites May Be Impacted - The U.S. Department of the Interior’s Bureau of Land Management recently released a final rule to provide new oversight over hydraulic...more
On Wednesday, April 1, the state of North Dakota filed a motion to intervene in Wyoming’s lawsuit challenging the Bureau of Land Management’s (“BLM”) federal hydraulic fracturing regulations. (Wyoming v. U.S. Dept. of...more
The state of North Dakota moved to intervene yesterday in the state of Wyoming’s challenge to the Bureau of Land Management’s new hydraulic fracturing regulations. North Dakota—like Wyoming—asserts that the hydraulic...more
The federal Bureau of Land Management (“BLM”), within the Department of the Interior (“DOI”), published their final rule on hydraulic fracturing last Thursday, March 26. (Hydraulic Fracturing on Federal and Indian Lands, 80...more
A final rule that seeks to address perceived risks associated with hydraulic fracturing was published by the Department of Interior (DOI) in the Federal Register on March 26, 2015. The rule revises existing Bureau of Land...more
On Thursday, March 26, 2015, the U.S. Department of the Interior’s Bureau of Land Management (BLM) published in the Federal Register the Final Rule on hydraulic fracturing on federal and Indian lands. The Final Rule sets...more
The Wyoming Attorney General’s Office filed a complaint today in Wyoming federal district court asking the court to set aside recently finalized federal regulations related to hydraulic fracturing on federal and public lands....more
New regulations setting standards for hydraulic fracturing, commonly known as fracking, in oil and gas wells drilled on federal lands were issued recently by the Obama administration through the U.S. Department of the...more
On Friday, March 20 the Obama Administration announced a final rule from the Bureau of Land Management (BLM) regulating hydraulic fracturing on federal and tribal lands. Key components of the rule, which will take effect in...more
On March 20, 2015, the Bureau of Land Management (“BLM”) released its long-awaited final rule for hydraulic fracturing on federal and Indian land. The rule establishes new requirements to ensure wellbore integrity, protect...more
On March 20, Department of the Interior Secretary Sally Jewell announced the release of the Bureau of Land Management’s (BLM) final rule, titled, “Hydraulic Fracturing on Federal and Indian Lands,” which BLM announced will...more
After a regulatory review process lasting more than three years, the Bureau of Land Management (BLM) issued today a final rule purporting to govern hydraulic fracturing on federal and Indian lands. Given BLM’s failure to...more
For the better part of the last decade, oil and natural gas production from domestic wells has increased steadily. Technical advancements in identifying promising sources of oil and gas and extracting hydrocarbons from...more
The question now is, is the court’s statement merely a bump in the road or a roadblock? The United States filed the eminent domain action seeking to condemn certain access rights so it could increase its profitability when...more
Congress recently considered three bills intended to facilitate renewable energy development on federal lands. On July 29, the House Natural Resources Committee’s Subcommittee on Energy and Mineral Resources considered H.R....more