Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more
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
The Federal Communications Commission (FCC) published its Final Rule on Feb. 14, 2022, governing the Affordable Connectivity Fund (ACF), formerly known as the Emergency Broadband Benefit Program (EBB), a new long-term program...more
On March 29, 2021, the Federal Energy Regulatory Commission (FERC) published its Final Rule regarding Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act in the Federal Register...more
On January 13, 2020, the U.S. Department of Treasury issued final regulations (the "Final Rules") that implement most of the Foreign Investment Risk Review Modernization Act of 2018 ("FIRRMA"). These rules were issued in two...more
Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more
The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA)...more
Lawmakers have returned from the Memorial Day recess and are facing a packed legislative agenda over the summer. With the announcement this week of a shortened August recess, the Senate will have more time to address...more
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the hydraulic fracturing rule from 2015 entitled, “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” be rescinded – the Federal...more
The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more
As we’ve previously reported, a Wyoming federal court issued a preliminary injunction order last year that temporarily halted the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands. ...more
US District Court rejects US Bureau of Land Management’s rule regarding hydraulic fracturing operations on federal and Tribal lands. On June 21, 2016, the US District Court for the District of Wyoming (District Court)...more
Every once in a while, infrastructure projects we’re working on involve traversing Indian lands. For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the...more
On November 19, the Bureau of Indian Affairs (BIA) published a final rule that makes sweeping changes to the process for obtaining rights of way for proposed oil and gas pipelines, electric transmission lines, railroads,...more
Late yesterday, Judge Scott Skavdahl of the federal district court in Wyoming issued a much-anticipated order granting a series of preliminary injunction motions filed in litigation challenging the Bureau of Land Management’s...more
Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian...more
Last Friday, the Independent Petroleum Association of America (IPAA) and the Western Energy Alliance (WEA) opened their arguments on a preliminary injunction motion to halt the federal Bureau of Land Management’s (BLM) final...more
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
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
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
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
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
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
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
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