Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
Establishes the National Energy Dominance Council with the Secretary of the Interior, and Secretary of Energy and Chair and Vice Chair. The Order assigns the council to advice the President on various energy related matters,...more
On January 20, President Trump issued an executive order titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The order reverses decisions by the Biden administration to limit energy resource...more
At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more
This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and...more
On April 10, 2024, the Bureau of Land Management (BLM) issued a long-awaited final rule updating its venting and flaring requirements on federal and Indian leases, imposing new requirements to establish plans for gas takeaway...more
At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f) of the Federal Power Act (“FPA”), pursuant to...more
The power to enforce a rule intended to slash air pollution associated with warehouses could one day rest in the hands of citizens who are willing to go to federal court. Several Inland members of Congress recently signed a...more
The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more
Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more
ELM readers may remember our October 6th post detailing a study that found gas flaring actually releases much more methane into the atmosphere than previously thought. The emission of methane gas, given it is a potent...more
Le régime relatif aux droits et aux intérêts des peuples autochtones au Canada continue d’évoluer au fil des nouvelles décisions judiciaires, politiques gouvernementales et mesures législatives. Il est important que les...more
The law on Indigenous rights and interests in Canada continues to evolve based on court decisions and government policies and legislation. It’s important that businesses are aware of new developments and their implications,...more
Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more
Hundreds of U.S. and European companies and investors urge Biden to hike climate target - Reuters – April 12 - Hundreds of U.S. and European companies and investors, including Walmart, Apple, General Electric, and...more
The NRC published a notice of a petition for rulemaking from the Tribal Radioactive Materials Transportation Committee (TRMTC) in the Federal Register on April 9 asking the NRC to revise 10 CFR Part 37 to require that...more
It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more
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
On January 27, 2021, President Biden issued an executive order — effective immediately — directing the Secretary of the Interior to pause new oil and natural gas leases on federal public lands or offshore waters to the extent...more
As the 46th president of the United States, Joe Biden took significant steps on his first day in office to advance the energy and climate initiatives of his administration. This LawFlash provides a brief summary of several...more
It is rare for the holding in a single criminal case to have such far-reaching implications that it affects nearly every industry in a particular state. But that is what happened on July 9, 2020, when the United States...more
On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 21, 2020 meeting, pursuant to the agenda as issued on May 14, 2020. Due to COVID-19 and measures undertaken by government...more
With storage pressure and pandemic-reduced demand driving oil prices into freefall, lessees of federal and Indian lands may consider turning to the Bureau of Land Management (BLM) and Bureau of Indian Affairs (BIA) procedures...more
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