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U.S. Department of Interior Proposes New Conservation Framework

In April 2023, the Bureau of Land Management (BLM) published a proposed rule that would apply new “land health” standards to all BLM-managed public lands and programs. This new policy will have broad implications for federal...more

Inflation Reduction Act Signed Into Law, Committing $370 Billion to Action on Climate and Energy

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA includes a host of programs aimed at addressing climate change and energy production. These include, for example, major new or...more

U.S. Senate Passes the Inflation Reduction Act, Committing $370 Billion to Action on Climate and Energy

After months of intense, and at times acrimonious, negotiations among the Democratic caucus, the United States Senate on August 7, 2022, passed the Inflation Reduction Act (IRA). The IRA includes a host of programs aimed at...more

NC to Regulate the Decommissioning of Renewable Projects and Managing End-of-Life Equipment

Under a new statute signed into law on July 19, the North Carolina legislature directed the State’s Environmental Management Commission to develop regulations for decommissioning utility-scale solar and wind energy projects...more

Interior Department Reorganizes into 12 “Unified Regions” – To What Effect On The Ground?

Department of the Interior (“DOI”) Secretary Ryan Zinke announced on August 29, 2018, DOI’s “final” version of its new reorganization plan, which creates 12 new “Unified Regions” primarily intended to coordinate and expedite...more

New Presidential and Interior Orders Target Environmental Permitting, NEPA Reviews, and Flood Risk Standards for Infrastructure...

Infrastructure has been a headline topic since before the 2016 election, and perhaps never more so than during the unprecedented storm season. The current Administration, like its predecessors, has pursued means to expedite...more

Using An Old Hammer in a New Context: ONRR and DOJ Adopt Aggressive False Claims Act Strategy for Royalty Underpayments

The government is dramatically shifting its strategy for pursuing alleged underpayments of royalties owed on production from federal and Indian mineral leases. For decades, the Department of the Interior (“DOI”)’s Office of...more

Executive Order Charts New Path For Offshore Energy Development

On April 28, 2017, the Trump administration issued an Executive Order entitled “Implementing an America-First Offshore Energy Strategy.” This EO calls for expanded oil and gas leasing in areas of the U.S. Outer Continental...more

Interior Secretary Immediately Implements President’s Executive Order on Energy and Climate

New Secretary of the Interior Ryan Zinke wasted no time implementing the mandates of the Trump Administration’s most recent Executive Order (EO), “Promoting Energy Independence and Economic Growth,” which was issued on March...more

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil...more

ONRR Expands Civil Penalty Liability for Federal and Indian Mineral Lessees

The Department of the Interior’s Office of Natural Resources Revenue (“ONRR”) accounts for and collects royalties owed on production from federal and Indian mineral leases onshore and on the Outer Continental Shelf (“OCS”). ...more

OSHA, EPA and DOI Increase Maximum Civil Penalties

This summer, many federal agencies increased civil monetary penalties as much as 150 percent in response to new legislation mandating that federal agencies "catch up" with inflation and remedy past government failures to...more

BLM Proposes to Restrict Methane Releases from Oil and Gas Leases

After five years in the making, the federal Bureau of Land Management (“BLM”) has proposed a rule to reduce the waste of natural gas from operations on federal and Indian oil and gas leases and to clarify when royalties apply...more

National Park Service Proposes Sweeping Changes to Oil and Gas Regulations

The National Park Service (“NPS”) today proposed a major overhaul of its regulations for non-federal oil and gas operations in National Park units. See 80 Fed. Reg. 65,572 (Oct. 26, 2015). Although the NPS press statement...more

Supreme Court Allows Agencies to Re-Interpret Their Regulations Without Rulemaking

On March 9, 2015, the Supreme Court wiped away a longstanding judicial doctrine that had placed greater procedural requirements on a federal agency when it changes its prior interpretation of a federal regulation....more

Interior Department Proposes to Open Offshore Atlantic Region to Oil and Gas Leasing

The Department of the Interior today announced that it will publish for public comment a draft proposed Five-Year Program (“DPP”) governing the leasing of offshore oil and gas for 2017 through 2022.  Interior’s DPP will...more

DOI Proposes Overhaul Of Federal And Indian Mineral Lease Royalty Valuation Standards

On January 6, 2015, the Department of the Interior’s Office of Natural Resources Revenue (“ONRR”) issued a proposed regulation that would substantially modify existing regulations in 30 C.F.R. Part 1206 for the valuation for...more

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