News & Analysis as of

Oil & Gas Tribal Lands

Womble Bond Dickinson

Free, Prior, and Informed Consent & Indigenous Consultation in Mining Development

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This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and...more

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

Troutman Pepper

FERC Establishes New Policy to Reject Hydropower Preliminary Permit Applications Based on Tribal Opposition to Projects Located on...

Troutman Pepper on

At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f) of the Federal Power Act (“FPA”), pursuant to...more

Allen Matkins

California Environmental Law & Policy Update 12.08.23

Allen Matkins on

The power to enforce a rule intended to slash air pollution associated with warehouses could one day rest in the hands of citizens who are willing to go to federal court. Several Inland members of Congress recently signed a...more

Allen Matkins

California Environmental Law & Policy Update 9.15.23

Allen Matkins on

The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more

Akin Gump Strauss Hauer & Feld LLP

Summary of the Department of the Interior’s New Methane Rule

Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more

Goldberg Segalla

Interior Department Aims to Crackdown on Gas Flaring on Public and Tribal Lands

Goldberg Segalla on

ELM readers may remember our October 6th post detailing a study that found gas flaring actually releases much more methane into the atmosphere than previously thought. The emission of methane gas, given it is a potent...more

Blake, Cassels & Graydon LLP

Réconciliation et droit des Autochtones : Nouveautés

Le régime relatif aux droits et aux intérêts des peuples autochtones au Canada continue d’évoluer au fil des nouvelles décisions judiciaires, politiques gouvernementales et mesures législatives. Il est important que les...more

Blake, Cassels & Graydon LLP

Reconciliation and Indigenous Law: What’s New?

The law on Indigenous rights and interests in Canada continues to evolve based on court decisions and government policies and legislation. It’s important that businesses are aware of new developments and their implications,...more

Allen Matkins

California Environmental Law & Policy Update - May 2021

Allen Matkins on

Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more

Allen Matkins

Renewable Energy Update - April 2021 #3

Allen Matkins on

Hundreds of U.S. and European companies and investors urge Biden to hike climate target - Reuters – April 12 - Hundreds of U.S. and European companies and investors, including Walmart, Apple, General Electric, and...more

Morgan Lewis - Up & Atom

NRC Seeks Public Comment on Petition for Rulemaking to Require Advanced Notice to Tribes of Radioactive Materials Shipments

The NRC published a notice of a petition for rulemaking from the Tribal Radioactive Materials Transportation Committee (TRMTC) in the Federal Register on April 9 asking the NRC to revise 10 CFR Part 37 to require that...more

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

White & Case LLP

US Government Pauses Fossil Fuel Leasing on Federal Land in Focus on Climate Change and Environmental Protection

White & Case LLP on

This week, as part of a series of significant executive actions, President Biden issued an executive order directing the United States Department of Interior (DOI) to pause new oil and natural gas leasing on federal public...more

Vinson & Elkins LLP

Biden Administration Halts New Oil And Gas Leasing On Federal Public Lands: What You Need to Know

Vinson & Elkins LLP on

On January 27, 2021, President Biden issued an executive order — effective immediately — directing the Secretary of the Interior to pause new oil and natural gas leases on federal public lands or offshore waters to the extent...more

Morgan Lewis

Energy and Climate Update: Day 1 of Biden’s Presidency

Morgan Lewis on

As the 46th president of the United States, Joe Biden took significant steps on his first day in office to advance the energy and climate initiatives of his administration. This LawFlash provides a brief summary of several...more

Bradley Arant Boult Cummings LLP

Half of Oklahoma is Now Likely Within a Native American Reservation, What Does This Mean for Your Project?

It is rare for the holding in a single criminal case to have such far-reaching implications that it affects nearly every industry in a particular state. But that is what happened on July 9, 2020, when the United States...more

Hicks Johnson

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

Hicks Johnson on

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

Troutman Pepper

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12

Troutman Pepper on

N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more

White & Case LLP

FERC Meeting Agenda Summary for May 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 21, 2020 meeting, pursuant to the agenda as issued on May 14, 2020. Due to COVID-19 and measures undertaken by government...more

Hogan Lovells

Suspensions of federal and Indian oil and gas leases

Hogan Lovells on

With storage pressure and pandemic-reduced demand driving oil prices into freefall, lessees of federal and Indian lands may consider turning to the Bureau of Land Management (BLM) and Bureau of Indian Affairs (BIA) procedures...more

Flaster Greenberg PC

The Appalachian Trail Is Now A Battlefield In The Pipeline Conflict

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The latest battlefield in the American pipeline wars is one of the most celebrated, venerable and scenic places in the United States - the Appalachian Trail. Stretching about 2,200 miles from Maine to Georgia, the Appalachian...more

Stoel Rives LLP

EPA Proposes Changes to the Multisector General Permit That Will Affect Oil and Gas Extraction Permittees

Stoel Rives LLP on

The Environmental Protection Agency (EPA) has proposed a draft Multisector General Permit (MSGP) under the National Pollutant Discharge Elimination System (NPDES) program for stormwater discharges related to industrial...more

Flaster Greenberg PC

Canada's Rail System Shuts Down Over Gas Pipeline Protest - Will The United States Be Next?

Flaster Greenberg PC on

People in the United States who wonder how far pipeline protests can go, and how disruptive they can be, need only look north to Canada. As this article is written, much of the national Canadian rail system has been shut down...more

Eversheds Sutherland (US) LLP

Congress unveils energy tax extenders

Congress is moving towards passing The Taxpayer Certainty and Disaster Relief Act of 2019 (Extenders Bill). If enacted, the Extenders Bill would extend certain tax credits for the renewable energy and alternative fuels...more

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