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
A week after President Trump signed an Executive Order directing agency review of various energy-related regulations, the Environmental Protection Agency (EPA) announced that it is initiating review of three such regulations...more
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
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
A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging...more
On January 24, 2017, President Trump issued an Executive Order and a Presidential Memorandum aimed at streamlining environmental reviews and permitting for infrastructure projects and domestic manufacturing. These actions...more
A coalition of fishing advocates, local towns, and municipalities from New Jersey to Rhode Island has sued the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) and sought a temporary restraining...more
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
A few months ago, we (and most everyone else not working at the Justice Department) predicted that the Supreme Court would rule that property owners seeking to develop potential federal wetlands on their property may...more
On May 12, 2016, EPA issued three final rules to reduce methane emissions from new, reconstructed, and modified sources in the oil and gas sector by 2025. These rules create significant new obligations to reduce emissions of...more
The U.S. Department of Agriculture’s (“USDA”) Animal and Plant Health Information Service (“APHIS”) is renewing efforts to amend or replace its existing rules governing plant-based biotechnology, while highlighting possible...more
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
Even the casual college football observer has probably seen by now the wild final play of the Duke-Miami game on October 31. After the game ended, it was determined that Miami literally stole the win as a result of referee...more
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
The U.S. Court of the Appeals for the Fifth Circuit recently ruled that the criminal prohibition on killing or injuring birds under the Migratory Bird Treaty Act (“MBTA”) “only prohibits intentional acts (not omissions) that...more
Perhaps it is poetic justice. The litigation over the final Waters of the United States (WOTUS) rule is as disjointed and confusing as the rule itself. Following a key court ruling yesterday, the WOTUS rule is now...more
The U.S. Environmental Protection Agency (“EPA”) has released the text of a draft proposed rule that seeks to amend the new source performance standards (“NSPS”) addressing methane and volatile organic compounds (“VOC”) from...more
In 2013, the U.S. Fish and Wildlife Service (“FWS”) issued a rule increasing the maximum duration from five to 30 years of programmatic permits under the Bald and Golden Eagle Protection Act to “take” bald or golden eagles...more
The Environmental Protection Agency and the Army Corps of Engineers (“the agencies”) have issued the long-awaited final rule to define the scope of waters and wetlands subject to federal jurisdiction under the Clean Water Act...more
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (“the Services”), the two agencies that administer the Endangered Species Act (“ESA”), recently published a proposed rule designed to improve the...more
Sometimes new regulations come out of nowhere. And sometimes it is just a matter of time. Last week’s unveiling of the Bureau of Safety and Environmental Enforcement’s (“BSEE”) offshore blowout preventer and well control...more
A proposed Ohio wind farm cleared another legal hurdle last week when Judge Leon of the United States District Court for the District of Columbia upheld the U.S. Fish and Wildlife Service's (“FWS”) issuance of an incidental...more
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
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
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