News & Analysis as of

Government Land

Brownstein Hyatt Farber Schreck

BLM Finalizes Regulations to Reduce Flaring, Natural Gas Waste on Federal and Indian Leases

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

Bennett Jones LLP

Land Leases for Renewable Energy Projects in Alberta - Update, November 2023

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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

Brownstein Hyatt Farber Schreck

Five Tips for Successful Recreation Asset Deals on Federal Land

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

Bennett Jones LLP

Fish(es), Minerals, Train Tracks and Parks (and the law of Constructive Taking)

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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

A&O Shearman

Treasury Department Proposes Expansion of CFIUS Authority to Block Real Estate Transactions Near Sensitive U.S. Government...

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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

Bennett Jones LLP

Supreme Court of Canada Clarifies Law In de facto Expropriation Cases

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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

Hogan Lovells

Don't judge a book by its cover - Hong Kong court revisits "without prejudice" privilege

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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

Sheppard Mullin Richter & Hampton LLP

Appellate Court Holds Charter Cities Are Bound By State Housing Objectives, Signaling Erosion of Local Discretion

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

Fox Rothschild LLP

BLM Proposes Rescission Of 2015 Hydraulic Fracturing Rule

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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

BakerHostetler

Independent Oil and Gas Producers Defeat Federal Hydraulic Fracturing Rule

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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

Best Best & Krieger LLP

New Federal Fracking Rules

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

Stoel Rives LLP

North Dakota Requests to Intervene in Lawsuit Challenging Federal Fracking Regulations

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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

BakerHostetler

State of North Dakota Intervenes in Wyoming’s and Independent Producers’ Challenge to Hydraulic Fracturing Rule

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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

Stoel Rives LLP

BLM Publishes Final Public Lands Fracking Rule, Industry Responds with Lawsuit

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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

Katten Muchin Rosenman LLP

Department of Interior Releases Revised Rules on Hydraulic Fracturing on Federal and Indian Lands

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

Eversheds Sutherland (US) LLP

BLM Issues First Federal Regulations for Hydraulic Fracturing

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

BakerHostetler

State of Wyoming Joins Independent Producers In Opposition To Federal Hydraulic Fracturing Rule

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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

Perkins Coie

New Fracking Regulations on Disclosure and Disposal Could Cost Industry $32M Per Year

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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

Baker Donelson

Interior Department Releases Final Rule Regulating Fracking on Federal and Tribal Lands

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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

Locke Lord LLP

Locke Lord QuickStudy: BLM Issues Final Rule on Hydraulic Fracturing Operations on Federal and Indian Lands

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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

Akin Gump Strauss Hauer & Feld LLP

BLM Issues Final Rule Governing Hydraulic Fracturing on Federal and Indian Lands

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

BakerHostetler

Independent Producers Lead Legal Challenge Against BLM’s Hydraulic Fracturing Rule

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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

BakerHostetler

The Myth of the Regulatory Gap: BLM’s Proposed Hydraulic Fracturing Rule Compared to Existing State Law

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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

Nossaman LLP

Federal Court States Rationale for U.S. Take of California Land a “Sham”

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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

Best Best & Krieger LLP

Congress Moves to Assist Renewable Development on Government Land

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

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