News & Analysis as of

Federal Land Policy and Management Act

Brownstein Hyatt Farber Schreck

Sweeping BLM Proposed Public Land Rule

Rule would have significant new implications for traditional multiple-use management and conservation uses of public land. The Bureau of Land Management (BLM) recently unveiled its proposed Conservation and Landscape...more

Snell & Wilmer

Congress Holds Oversight Hearing Regarding the Antiquities Act and the Bureau of Land Managements Proposed Rule on Conservation...

Snell & Wilmer on

On Wednesday, May 24, 2023, the Oversight & Investigations Subcommittee of the House Committee on Natural Resources held a hearing titled “Examining the Biden Administration’s Efforts to Limit Access to Public Lands.” In...more

Snell & Wilmer

Controversial BLM 3.0 Proposal Released for Public Comment

Snell & Wilmer on

On April 3, 2023, the Bureau of Land Management (“BLM”) published a proposed rule to promote the conservation of the 245 million acres of public lands it manages. The proposal purports to advance “BLM’s mission to manage the...more

Beveridge & Diamond PC

U.S. Department of Interior Proposes New Conservation Framework

Beveridge & Diamond PC on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Habitat Connectivity on Public Lands: U.S. Department of the Interior Bureau of Land Management Issues Instruction Memorandum

The United States Department of Interior Bureau of Land Management (“BLM”) issued a November 15th Instruction Memorandum (“IM”) titled: Habitat Connectivity on Public Lands...more

Snell & Wilmer

New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But...

Snell & Wilmer on

On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and...more

Lewis Roca

Federal Approaches to Renewable Energy Facility Decommissioning

Lewis Roca on

As more states continue to adopt and consider rules for renewable energy facility decommissioning, they do so against the backdrop of the existing federal financial assurance rules implemented by the Bureau of Land Management...more

Snell & Wilmer

Supreme Court Declines to Review Decision Preventing New Uranium Mines Near Grand Canyon

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On October 1st, the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision in a case that could have reopened an area of Arizona located north of the Grand Canyon and south of Utah, known as the...more

Clark Hill PLC

Briefing Paper on BLM's July 24, 2018 Instruction Memorandum Related to Compensatory Mitigation (IM 2018-093)

Clark Hill PLC on

A little over a month ago, on July 24, 2018, the Deputy Director for Policy and Programs of the United States Bureau of Land Management issued Instruction Memorandum No. 2018-093 (“IM 2018-093”) to all Assistant Director and...more

Perkins Coie

Trump Administration Withdraws Obama-Era Environmental Mitigation Policies

Perkins Coie on

Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more

Hogan Lovells

BLM reverses position on "compensatory mitigation"

Hogan Lovells on

On 24 July, 2018, the Bureau of Land Management (BLM) instructed its personnel that the agency lacks authority to require monetary payments and other forms of compensatory mitigation as a condition of obtaining authorization...more

Davis Wright Tremaine LLP

Trump Track: BLM Bar on Compensatory Mitigation: Optics Only?

On Monday, July 24, 2018, the Bureau of Land Management (BLM) issued a memorandum prohibiting BLM from requiring “compensatory mitigation” projects, except where specifically mandated by the Federal Land Policy and Management...more

Latham & Watkins LLP

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Regs That Have Been Revoked, Stayed or Postponed by the New Administration

Only a few existing federal environmental rules have been set aside or overturned by the new Administration, and these actions were taken by the Congress in accordance with the special procedures of the Congressional Review...more

Pillsbury Winthrop Shaw Pittman LLP

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

K&L Gates LLP

Federal Judge: Authority Lacking for Regulation of Hydraulic Fracking

K&L Gates LLP on

The federal district court in the state of Wyoming recently enjoined the Bureau of Land Management (“BLM”) from regulating hydraulic fracturing (“fracking”), effectively ending, at least for now, the federal government’s...more

Latham & Watkins LLP

Court Strikes Down BLM Hydraulic Fracturing Rule

Latham & Watkins LLP on

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

Nossaman LLP

Equal Access To Justice Act: Why Prevailing On Only 1 Out Of 3 Claims In Oregon Forestry Case Can Still Be Quite Rewarding

Nossaman LLP on

Generally, a failure rate of two-thirds would indicate that what you are doing isn't profitable. However, when dealing with environmental law, that clearly isn't the case. In Cascadia Wildlands v. Bureau of Land Management,...more

Beveridge & Diamond PC

BLM to Overhaul Solar/Wind Rights-of-Way Regulations

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Last week, the Bureau of Land Management (BLM) published a proposed rule that could alter the landscape of future renewable energy development, particularly in the American West, home to much of the country’s prime solar and...more

Foley Hoag LLP - Environmental Law

Surprise, Surprise, Surprise: An Agency Cannot Revise Regulations In a Consent Decree

In a decision that should not have come as a surprise to anyone, the 9th Circuit Court of Appeals ruled on Thursday, in Conservation Northwest v. Sherman, that the Bureau of Land Management and other agencies implementing the...more

Perkins Coie

Ninth Circuit Clarifies NEPA Supplementation Requirements And Rules That Mining Plans Of Operations Do Not Expire After Temporary...

Perkins Coie on

On February 4, 2013, a Ninth Circuit panel held that the Bureau of Land Management (BLM) did not violate the National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA), or its own mining...more

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