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Court Holds Project Construction Constitutes “Mining” on Tribal Lands

Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted “mining” under the federal regulation governing mineral...more

Council on Environmental Quality Releases Initial List of Actions to Streamline NEPA Reviews

Last week, the Council on Environmental Quality (CEQ) released an initial list of actions to implement Executive Order 13807, which was intended to streamline the federal review of major projects under the National...more

Interior Department Issues NEPA Streamlining Directive

Last week, the Deputy Secretary of Interior, David Bernhardt, issued a memo directing the Department's bureaus to streamline environmental impact statements (EISs) prepared pursuant to the National Environmental Policy Act...more

DC Circuit Holds FERC Must Analyze Downstream Greenhouse Gas Emissions in Approving Interstate Gas Pipelines

Last week, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), concluding that the Federal Energy Regulatory Commission...more

Executive Order Reinforces Measures to Reform Infrastructure Project Review

On August 15, President Trump signed an Executive Order calling for streamlined federal review of major infrastructure projects. The Order applies to federal approvals for infrastructure projects in the following sectors...more

Energy Sector Alert Series: Energy and Environmental Policy Under President Trump

This is the final alert in an eight-week series that provided a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm have addressed issues ranging from cybersecurity, antitrust and...more

Fish and Wildlife Service, Park Service Overhaul Decades-Old Regulations on Oil and Gas Operations in Wildlife Refuges and...

The US Fish and Wildlife Service (Service) yesterday announced its final rule governing oil and gas development in wildlife refuges, updating the regulations for the first time in over 50 years. The final rule will be...more

Energy Sector Alert Series: The Future of Energy and Environment Policy Under a Clinton or Trump Presidency

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, lawyers from across the firm will discuss issues ranging from...more

Agencies Chart the Future of US Offshore Wind Development

The US Department of Energy (DOE) and US Department of the Interior (DOI) recently announced an updated national strategy to facilitate the responsible development of offshore wind energy in the United States, with a goal of...more

Department of the Interior Announces Comprehensive Review of Federal Coal Program

On January 15, Secretary Sally Jewell announced that the Department of the Interior will launch a comprehensive review to identify and evaluate potential reforms to the federal coal program. During the review, which is...more

Service Proposes to Overhaul 50-Year-Old Regulations for Oil and Gas Development in Wildlife Refuges

The U.S. Fish and Wildlife Service (Service) yesterday announced a proposed update to its regulations for oil and gas development in wildlife refuges. The proposed rule, which will be published in the Federal Register today,...more

Energy, Infrastructure Permitting Improvement Legislation Signed by the President

The Highway Authorization Act signed into law by President Obama last Friday, December 4, includes an important set of reforms for streamlining the federal permitting process for infrastructure projects in a broad range of...more

BIA Finalizes Reforms for Obtaining Rights of Way on Indian Lands

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

Interior Announces Blueprint for Renewable Energy and Transmission Development on Public Lands in the California Desert

Earlier this week, the Department of the Interior announced the federal component of the Desert Renewable Energy Conservation Plan (DRECP), an innovative landscape-scale plan that identifies areas best suited for...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

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

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