Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
How Trump's Infrastructure Plan Impacts the Energy Industry
Earlier this summer, the District of Columbia Court of Appeals issued a decision affirming the lower court’s decision that the Mining Law of 1872 does not impose a limit on the number of mill sites that a mining claimant may...more
This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more
In the Fall of 2023, the Interagency Working Group on Mining Laws, Regulations, and Permitting (“IWG”) released its final report containing recommendations to reform how mining is conducted on public lands (the “Final...more
A coalition of 18 Democratic AGs filed a comment letter in support of the U.S. Council on Environmental Quality’s (CEQ) notice of proposed rulemaking revising its regulations implementing the National Environmental Policy Act...more
On Friday, I posted about a decision invalidating BLM Resource Manage Plans for failure to comply with NEPA. My caption was “NEPA Is Still Going to Pose an Obstacle to Leasing Public Lands for Fossil Fuel Extraction.”...more
Earlier this month, Chief Judge Brian Morris made clear that NEPA remains a powerful weapon against the leasing of public lands for fossil fuel extraction. It’s déjà vu all over again for the projects at issue. In 2018,...more
The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts. On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land...more
Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here. However,...more
Late last month, the Bureau of Land Management (“BLM”) issued Instruction Memorandum 2021-046 to reinstate both BLM Manual Section (MS-1794) and BLM Handbook (H-1794-1), which restore previously rescinded BLM policies on...more
EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more
As the 2020 presidential campaign made clear, President-elect Biden plans to usher in a sharp shift in policy priorities across the federal government. We anticipate significant changes in the management of federal public...more
President-elect Biden will assume office in January, 2021, with a divided nation, the global coronavirus pandemic, and a domestic energy market in a distressed state. The new administration will need to oversee the management...more
The Ninth Circuit held that a 2012 Environmental Impact Statement that provided a programmatic-level analysis for management of lands in the Alaska National Petroleum Reserve could also be used as the site-specific analysis...more
A federal district court has ruled that the Bureau of Land Management (“BLM”) failed to adequately consider climate change when approving a set of oil and gas leases on public lands in Wyoming. The ruling should be of broader...more
DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...more
On January 11, 2017, the Bureau of Land Management (BLM) within the Department of the Interior released a scoping report analyzing a wide range of proposed reforms to the federal coal leasing program, administered by the BLM....more
The U. S. District Court for the Western District of North Carolina recently upheld approval by the U.S. Forest Service (“USFS”) of a recreational shooting range in North Carolina’s Nantahala National Forest. The case is...more
On January 15, 2016, Interior Secretary Jewell halted federal coal leasing on public lands. Western coal companies are attempting to sort out the implications of the moratorium and exemptions set out in Secretarial Order...more
The guidance will significantly affect infrastructure projects located on federal land and federal permitting of major energy projects. On December 18, the White House’s Council on Environmental Quality (CEQ) issued...more
On September 30, 2014, the Bureau of Land Management issued a proposed rule that would establish competitive processes, terms, and conditions, including rental and bonding requirements, for solar and wind energy development...more