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National Environmental Policy Act Department of the Interior

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Dorsey & Whitney LLP

Energy Law: Month in Review - April 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Womble Bond Dickinson

Permitting Reform in the United States

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This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Holland & Hart LLP

Conservation Plans for Old-Growth Forests May Affect National Forest Permitting

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The United States Forest Service (“Forest Service”) recently announced plans to amend all its land management plans for National Forest System units, affecting 128 plans in total. The Forest Service did so in a scoping notice...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Personal Jurisdiction and Forest Fires

This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management...more

Vinson & Elkins LLP

CEQ Releases New Guidance for Assessing Greenhouse Gas Emissions and Climate Change under NEPA

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In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more

Foley Hoag LLP - Environmental Law

NEPA Is Indeed Posing a Really Big Obstacle to Coal Mining On Public Lands

On Friday, I posted about a decision invalidating BLM Resource Manage Plans for failure to comply with NEPA.  My caption was “NEPA Is Still Going to Pose an Obstacle to Leasing Public Lands for Fossil Fuel Extraction.”...more

Schwabe, Williamson & Wyatt PC

Winters Water Rights Revived After Navajo Nation Case

For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more

Nossaman LLP

Department of the Interior Releases Hefty Agenda

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On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Rulemaking Proposed, Comments Solicited

We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more

Akin Gump Strauss Hauer & Feld LLP

Haaland’s Harbingers: DOI Revokes Trump Policies and Reiterates Climate Focus

Late last week, newly confirmed Department of the Interior (DOI) Secretary Deb Haaland took two major steps to advance the Biden-Harris administration’s climate priorities and accelerate the shift to a clean energy future....more

Perkins Coie

Managing Conflict: Department of the Interior Implementation of 2020 NEPA Regulations

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The secretary of the interior issued two Secretarial Orders on April 16, 2021, that provide early indications of the Biden administration’s approach to the environmental review process for infrastructure projects under the...more

Nossaman LLP

[Webinar] The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics? - April 15th, 11:00 am -...

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The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT...more

Husch Blackwell LLP

Offshore Wind Positioned To Take Off Under Biden

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Europe’s offshore wind sector enjoyed a record $31 billion of investment in 2020. The U.S has some serious work to do to catch up. While development of land-based wind and solar projects continues at a rapid pace across the...more

Jones Day

Biden Administration Announces Moratorium on New Federal Oil and Gas Leases

Jones Day on

The Biden administration's Executive Order on Tackling the Climate Crisis at Home and Abroad ("Executive Order") expands upon the Department of the Interior's Secretarial Order No. 3395 and indefinitely suspends the federal...more

Akin Gump Strauss Hauer & Feld LLP

Less Frost, and More Cost: Biden Revives Interagency Working Group to Publish Updated Social Costs of Carbon and Other Greenhouse...

Key Points - President Biden’s Day One Executive Order on climate action reconvenes an interagency working group to establish interim and final social costs of three GHGs: carbon dioxide, nitrous oxide and methane. -...more

Holland & Hart LLP

Biden Administration Issues Temporary Suspension of BLM/BIA Approvals

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The day after the inauguration, the Acting Secretary of Interior issued Order No. 3395, Temporary Suspension of Delegated Authority, suspending the delegation of authority to all Department of Interior Bureaus and Offices,...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

WilmerHale

Public Lands Management in the Biden Era

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As the 2020 presidential campaign made clear, President-elect Biden plans to usher in a sharp shift in policy priorities across the federal government. We anticipate significant changes in the management of federal public...more

Perkins Coie

BLM’s Lease of Lands in Alaska’s National Petroleum Reserve Using Programmatic-Level EIS Did Not Violate NEPA

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The Ninth Circuit held that a 2012 Environmental Impact Statement that provided a programmatic-level analysis for management of lands in the Alaska National Petroleum Reserve could also be used as the site-specific analysis...more

Pillsbury Winthrop Shaw Pittman LLP

President’s Executive Order to Expedite Environmental Reviews of Infrastructure Pushes the Envelope on the Interpretation of...

The EO directs federal agencies to invoke available emergency powers to expedite environmental review and permitting of infrastructure projects. A recent Executive Order by President Trump directs agencies to expedite...more

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

Central North Dakota Water Supply Project: Missouri Files Federal District Court Action Alleging Administrative Procedure...

The Missouri Attorney General and Missouri Department of Natural Resources (collectively, “Missouri”) filed a Complaint in the United States District Court for the Western District of Missouri on February 5th against: -...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2020 #2

Trump Infrastructure Proposal Impacts 'Virtually Every' Federal Decision on Environment: DOI Secretary - "Trump's announcement focused largely on road and highway impacts, but industry groups and environmentalists note the...more

Allen Matkins

California Environmental Law & Policy Update - November 2019

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Focus - Environmental groups sue BLM over California drilling plan - Reuters – October 30 - The Sierra Club and the Center for Biological Diversity this Wednesday sued the U.S. Bureau of Land Management (BLM) over...more

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