Natural Resources

News & Analysis as of

Alberta’s Metis Consultation Framework

On April 4, 2016, the Government of Alberta (“GoA”) released The Government of Alberta’s Policy on Consultation with Metis Settlements on Land and Natural Resource Management, 2015 (the “Policy”) as well as The Government of...more

Long-term supply (and off-take) agreements: some recent themes

This Client Alert seeks to highlight certain recurring issues and themes arising in the context of long-term commodity supply and off-take agreements. It draws upon the recent collective experience of our lawyers as well as...more

The Florida Springs and Aquifer Protection Act

The 2016 Florida Legislature adopted SB 552, a long-awaited, comprehensive water bill that tackled issues from Everglades restoration to water supply and created the Florida Springs and Aquifer Protection Act (the Springs...more

2015 Energy Year in Review

Akin Gump is pleased to announce it has released its “2015 Energy Year in Review,” which examines the current state of the global energy market and highlights the energy matters with which the firm was involved last year in...more

FWS Proposes Revisions to Development Mitigation Policy

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

Quebec’s Energy, Mining Sectors Searching for Clarity on Social Acceptability

On February 16 2016, Quebec’s Energy and Natural Resource Minister, Pierre Arcand, tabled a green paper (referred to in French as the “Livre Vert”) at the National Assembly, outlining five guidelines regarding social...more

Up For Debate: What’s the Real Cost of Endangered Species Predation?

On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative long session on January 14 and adjourned September 30. Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on...more

New Water Law Will Affect Everyone Who Uses Water in Florida

On January 14, 2016, the officers of the Legislature presented CS/CS/SB 552 to Governor Scott for signature. More famously known as the "Water Bill," this 134-page page marvel of compromise proves that it is still possible to...more

Upgrading Energy Policy in 2016

In December, the House of Representatives passed, by a highly partisan vote, a substantial energy policy bill. When the legislation was first introduced, it had broad bipartisan support, but as amendments were added, the...more

Public Projects in Turmoil: The Saga Of The Bay Bridge, Delta Tunnels, and High Speed Rail Would Make A Compelling Reality TV Show

It took nearly twenty-five years for the Bay Bridge to become a reality and before the paint was even dry on the self-anchored suspension span questions had already been raised about the design and seismic safety of the...more

Putting a Price on Clean Air

There has been a lot of scholarly discussion in recent years about the importance of putting a price on natural resources. The pricing issue has been particularly in the limelight in connection with the drought in the...more

2015 ONRR Civil Penalties: Where, Why, and How Much

The Office of Natural Resources Revenue (“ONRR”), a unit within the United States Department of the Interior, is responsible for collecting and disbursing revenues from energy production on federal and Indian lands and...more

Seeking Net Benefits: President Obama Issues New Federal Policy on Addressing and Mitigating Environmental Harm Early in the...

On November 3, 2015, the White House released a Presidential Memorandum intended to encourage federal agencies to consider land use planning more holistically, clearly and consistently, addressing mitigation needs before they...more

Presidential Directive Establishes New Compensatory Mitigation Policy, Expanding Future Costs and Obligations for Federally...

On November 3, 2015, President Obama directed key federal agencies to adopt new or more extensive compensatory mitigation policies over the next six to twenty-four months. Once implemented, these policies could block...more

Natural Resource Conservation Subject of White House Directive to Agencies

A recently released Presidential Memorandum will likely spur new policies related to development and natural resources, possibly impacting public agencies, developers and the like. “Mitigating Impacts on Natural Resources...more

Presidential Memorandum on Natural Resources Mitigation Policy: Avoid, Minimize and Compensate

President Barack Obama recently ordered the heads of five federal agencies (U.S. Department of Defense, U.S. Department of Interior, U.S. Department of Agriculture, U.S. Environmental Protection Agency and National Oceanic...more

Coming Soon to a Project Near You: Advance Compensation

Earlier this month, the White House released a Presidential Memorandum on “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” If that portentous title isn’t enough to make...more

As El Nino Looms, State Weighs Extension of Conservation Regs

Rains have begun to return to California as El Nino emerges from the Pacific Ocean. After four years of drought, water providers throughout the state have begun to question how state government should approach conservation...more

To Mitigate or Not to Mitigate: No Longer a Question for Environmental Reviews?

Even the casual college football observer has probably seen by now the wild final play of the Duke-Miami game on October 31. After the game ended, it was determined that Miami literally stole the win as a result of referee...more

President Issues Memo regarding Mitigation of Natural Resources Impacts

On November 3, 2015, the President issued a memorandum entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” In it, he states “[t]his memorandum will encourage private...more

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

Administration Announces New Mitigation Policies

This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

FATF reports on emerging terrorist financing risks

FATF has published its report on emerging terrorist financing risks. It provides an overview of the various financing mechanisms and financial management practices used by terrorists and terrorist organisations. ...more

Satisfying State Compensatory Mitigation Requirements Under CEQA On Federal Conservation Lands: CDFW And BLM Agree To Cooperate To...

On October 2, 2015, the Bureau of Land Management (“BLM”) and the California Department of Fish and Wildlife (“CDFW”) entered into a 12-page “agree[ment] to work with each other to conserve biological and natural resources on...more

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