News & Analysis as of

Bureau of Land Management

Is the Fate Of The Venting And Flaring Rule Up In The Air? Only Time Will Tell…

by Fox Rothschild LLP on

The Bureau of Land Management (“BLM”) announced today that it has temporarily postponed certain requirements contained in its 2016 final Waste Prevention Rule (also known as the Venting and Flaring Rule) for 1 year, until...more

Water/Cadiz Valley Water Conservation, Recovery and Storage Project: Center for Biological Diversity Files Federal District Court...

The Center for Biological Diversity and Center for Food Safety (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Central District of...more

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

by Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Trump’s BLM Cannot Delay Implementation of Oil and Gas Methane Rules after Effective Date

by Stoel Rives LLP on

On October 4, 2017, the United States District Court for the Northern District of California held that the Bureau of Land Management (“BLM”) cannot postpone implementation of natural gas methane emission rules because such...more

Court Rejects BLM’s Efforts to Unbalance the Scales of Justice

On October 4, 2017, Magistrate Judge Elizabeth Laporte granted summary judgment to plaintiffs and vacated the Bureau of Land Management’s notice that it was postponing certain compliance dates contained in the Obama BLM rule...more

What the Frack Is Up With BLM’s Fracking Rule?

Last week, the 10th Circuit Court of Appeals dismissed as prudentially unripe appeals of last year’s District Court decision striking down BLM’s 2015 fracking rule. The District Court ruled that BLM had no authority to issue...more

The Drumbeat Continues: Another Court Rejects an FEIR For Not Properly Considering Climate Change

Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account for 20% of U.S. coal production. ...more

The New Administration’s Efforts to Deconstruct the Obama Climate Initiatives

by Sullivan & Worcester on

President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more

Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

by Stoel Rives LLP on

Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015...more

BLM Proposes Rescission Of 2015 Hydraulic Fracturing Rule

by Fox Rothschild LLP on

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

Reconsidering Helium Production on Federal Lands Amid Privatization of Federal Helium Reserve

by Stoel Rives LLP on

On Wednesday the Bureau of Land Management (BLM) will auction helium stored in its Cliffside Field underground storage facility in west Texas (aka the Federal Helium Reserve). This annual auction under the Helium Stewardship...more

Impact of Ninth Circuit Upholding Biological Opinion for Silver State South Solar Project in Nevada

by Perkins Coie on

In Defenders of Wildlife v. Zinke, the U.S. Court of Appeals for the Ninth Circuit upheld the Biological Opinion prepared by the U.S. Fish & Wildlife Service to assess the impacts on the threatened desert tortoise from the...more

With Mining Law Segregation on 10 Million Acres to Expire in Three Months, Interior Forms Sage-Grouse Review Team

by Stoel Rives LLP on

Late Wednesday Secretary of the Interior Zinke signed Secretarial Order 3353 establishing a Sage-Grouse Review Team to review the Obama Administration’s 2015 amendments to federal land use management plans. To avoid listing...more

Secretary Zinke Orders Review of Sage-grouse Management Plans

by Nossaman LLP on

On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.” This Order initiates the assessment of both...more

May Washington Update

This month’s Washington Update provides insight into a number of energy-related developments at the federal level, including President Trump’s recently proposed budget for Fiscal Year 2018, the Senate’s failed efforts to turn...more

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

by Nossaman LLP on

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal Industries

by Perkins Coie on

President Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth (the Order) includes significant revisions to the regulatory landscape both (1) directly in the case of oil and...more

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

Oil and Gas Update for 4/2017 – MD Bans Hydraulic Fracturing, OH DMA Cases Keep Trickling In, and Spot Prices Pull a Hat Trick in...

by Cozen O'Connor on

All three benchmarks for natural gas spot prices in Appalachia hit $3/MMBtu or more since our last report (and did so for the first time in a long time), trending alongside a spike in oil prices following the Syrian airstrike...more

Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy Production

by Perkins Coie on

President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and...more

Court Rejects Takings Claim Based on Temporary Prohibition of Mining

by Nossaman LLP on

As we’ve reported in the past, temporary takings are compensable in California.  But such claims are not easy to prove, particularly when you’re dealing with the federal government imposing temporary regulations preventing...more

Swing and a Foul Ball? Practical Effect of Obama Administration’s Now-Defunct Coal Leasing Moratorium Likely Relatively Small

by Stoel Rives LLP on

An executive order, secretarial order, and lawsuit challenging said secretarial order, all in the span of less than 36 hours and all concerning federal coal leasing. The Trump administration on Wednesday reversed a 2016...more

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

by Beveridge & Diamond PC on

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

Two Bureau of Land Management Regulations on Life Support Under President Trump

by Jones Day on

The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more

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