On February 9, 2022, the U.S. District Court for the District of Colorado found that the Bureau of Land Management (BLM) violated the Endangered Species Act (ESA) when it failed to reinitiate consultation with the U.S. Fish...more
Climate Change Regulatory Issues & Updates - European Climate Law Sets a Binding Objective of Climate Neutrality by 2050 - The recently adopted European Climate Law calls for the necessity to address "the growing...more
President Biden's Executive Orders Mobilize the Administrative State to Address Climate Change - On January 27th, the White House held a “Climate Day” press briefing where President Biden, Special Presidential Envoy for...more
On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more
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
In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...more
Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more
How is a producer to deal with a demanding and formidable lessor’s insistence on stringent surface protection? How about demands from environmental groups and government entities?...more