News & Analysis as of

Oil & Gas Federal Land

Gray Reed

Federal Gas Flaring Rule Enjoined by District Court

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Once again, a federal district court has enjoined enforcement of a rule implemented by a wayward federal agency as it governs oil and gas activities. This one is North Dakota, et al v. US Department of Interior, et al. from...more

Holland & Knight LLP

Energy Chairman Manchin's Permitting Bill Moves Through Committee in Careful Balancing Act

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After two years of continuous behind-the-scenes work, Sen. Joe Manchin (I-W.Va), who chairs the U.S. Senate Committee on Energy and Natural Resources, joined by Sen. John Barrasso (R-Wyo.), released S. 4753, the Energy...more

Stikeman Elliott LLP

Federal Government Tables Amendments to Cure Unconstitutional Impact Assessment Act

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The federal government’s amendments (“Amendments”) to the Impact Assessment Act, SC 2019, c 28 (“IAA”) are one step closer to becoming law. During the week of May 6, 2024, the Amendments, forming part of Bill C-69, An Act to...more

Oliva Gibbs LLP

Navigating the New Frontier: Updates to Federal Onshore Oil and Gas Leasing Rules and Regulations

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The Fluid Mineral Leases and Leasing Process rule (FMLLP), which was announced by the Bureau of Land Management (BLM) on April 12, 2024, represents a significant update to the Federal onshore oil and gas leasing framework....more

Holland & Knight LLP

Methane Emissions: New Developments in the Inflation Reduction Act

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The recently enacted Inflation Reduction Act (IRA) contains several new provisions related to methane emissions impacting oil and gas companies, including upstream and midstream. Companies who already report emissions to the...more

Bennett Jones LLP

Alberta Court of Appeal Releases Reference Opinion on Constitutionality of the Federal Impact Assessment Act

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The Province of Alberta referred two constitutional questions to the Alberta Court of Appeal - - whether the federal Impact Assessment Act (IAA), part of Bill C-69, is unconstitutional in whole; and - whether certain...more

Holland & Knight LLP

Department of Interior Releases New Onshore Oil and Gas Lease Sale Notices

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The U.S. Department of the Interior (DOI) has announced the first onshore lease sale for drilling on federal lands since President Joe Biden took office, but the new leases will have different terms than all prior lease...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Update – April 2021

Federal Law Challenges by State Attorneys General - Attorneys General Challenge “Tax Mandate” Portion of American Rescue Plan - On March 11, 2021, President Joe Biden signed into law the $1.9 trillion “American Rescue Plan...more

King & Spalding

Review of President Biden’s Ambitious Climate Executive Orders

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President Biden's Executive Orders Mobilize the Administrative State to Address Climate Change - On January 27th, the White House held a “Climate Day” press briefing where President Biden, Special Presidential Envoy for...more

White & Case LLP

US Government Pauses Fossil Fuel Leasing on Federal Land in Focus on Climate Change and Environmental Protection

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This week, as part of a series of significant executive actions, President Biden issued an executive order directing the United States Department of Interior (DOI) to pause new oil and natural gas leasing on federal public...more

Holland & Hart LLP

So It Begins – Biden "Pauses" New Oil and Gas Leases on Federal Lands

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Today, President Biden issued the much awaited Executive Order on Tackling the Climate Crisis at Home and Abroad (the “Order”). Section 208 orders a “pause” on issuing new oil and gas leases on public lands or offshore waters...more

Akin Gump Strauss Hauer & Feld LLP

Biden’s Climate Catch Up, or Trump’s Regulatory Rollbacks? Key Environmental and Energy Considerations for the 2020 Elections

- It is apparent that former Vice President Joe Biden’s “clean energy revolution” and climate goals stand in stark contrast with the policies the Trump Administration has pursued during its first term, underscoring the...more

Vinson & Elkins LLP

The Methane Boomerang

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Methane gas has been the subject of yo-yoing regulation—and regulatory roll-backs—over the past few years. Presidential candidate Joe Biden has already vowed to take immediate action on climate change, including “requiring...more

Morgan Lewis

US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail

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The US Supreme Court held that the National Park Service’s responsibility over the Appalachian Trail did not incorporate that land into the National Park System, leaving the Forest Service with the authority to grant the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #3

Supreme Court Lifts Key Obstacle to Atlantic Coast Pipeline, but More Challenges Remain - "The U.S. Supreme Court has reversed a lower court ruling that held up construction on the Atlantic Coast Pipeline, which would...more

Saul Ewing LLP

Applying “Basic Property Law Principles,” SCOTUS Upholds Forest Service’s Grant of Pipeline Right-of-Way Beneath the Appalachian...

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“Sometimes a complicated regulatory scheme may cause us to miss the forest for the trees, but at bottom, these cases boil down to a simple proposition: A trail is a trail, and land is land.” Justice Thomas, Opinion of the...more

Flaster Greenberg PC

The Appalachian Trail Is Now A Battlefield In The Pipeline Conflict

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The latest battlefield in the American pipeline wars is one of the most celebrated, venerable and scenic places in the United States - the Appalachian Trail. Stretching about 2,200 miles from Maine to Georgia, the Appalachian...more

Benesch

Supreme Court Hears Arguments on Atlantic Coast Pipeline

Benesch on

On February 24, 2020, the U.S. Supreme Court heard arguments on a critical permit needed for completion of the Atlantic Coast Pipeline, a controversial natural gas pipeline crossing the Appalachian Trail.  Supporters of the...more

Pillsbury - Gravel2Gavel Construction & Real...

Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished

On August 13, 2019, in a case that may have an impact on the leasing of federal lands for energy development in the future, the U.S. District Court for the Missoula, Montana Division, issued a ruling in the case of Western...more

Allen Matkins

California Environmental Law & Policy Update - May 2019 #3

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Focus - BLM to open federal lands in Central California to expanded oil and gas drilling - Los Angeles Times - May 9 - The Bureau of Land Management (BLM) announced finalized plans last Thursday to open 725,500 acres...more

BCLP

Colorado’s New Oil and Gas Law: What’s Next?

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The 2019 Colorado legislative session took the state’s oil and gas-development opponents and proponents on a wild ride. On April 3, 2019, the Colorado Senate passed SB 19-181, which dramatically changes the regulation of oil...more

Foley Hoag LLP - Environmental Law

BLM Loses Another Case Regarding Energy Development on Federal Lands

Earlier this week, the 10th Circuit Court of Appeals partially reversed a district court decision, and ordered the Bureau of Land Management to vacate the NEPA approvals and permits it had issued authorizing the drilling of a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #4

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

White & Case LLP

Judge Orders Government to Account for Climate Change Impacts before Leasing Federal Lands to Energy Developers

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The US District Court for the District of Columbia has blocked the US Bureau of Land Management (BLM) from issuing new oil and gas drilling permits on approximately 300,000 acres of federal land in Wyoming until it adequately...more

Akin Gump Strauss Hauer & Feld LLP

A New Tenant on Federal Lands: Court Orders BLM to Consider Climate Impacts in Approving Energy Leases

In a victory for environmental groups, the U.S. District Court for the District of Columbia issued a ruling this week with far-reaching consequences for energy projects on federal lands and “the attention the government must...more

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