Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more
In a significant policy shift, the U.S. Department of the Interior announced a Bureau of Land Management (BLM) policy update designed to expedite the oil and gas leasing process on public lands. Through a newly issued...more
Defenders of Wildlife (“Defenders”) announced on March 13th its release of a document titled: 2024 Conservation Report Card for the 118th Congress (“Report Card”). Defenders says the Report Card assesses the...more
On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more
One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization 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
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
On March 27, 2020, the U.S. District Court for the Northern District of California granted the Bureau of Land Management’s (“BLM”) motion for summary judgment, upholding the agency’s decision to rescind, or roll back,...more
As the 50th Anniversary of the National Environmental Policy Act approaches, we may be on the verge of one of the most significant regulatory revisions in the statute’s history. NEPA advocates—and all those who believe it is...more
Focus - Environmental groups sue BLM over California drilling plan - Reuters – October 30 - The Sierra Club and the Center for Biological Diversity this Wednesday sued the U.S. Bureau of Land Management (BLM) over...more
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
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
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
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
This is the inaugural issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector....more
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
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
Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more
In the first two weeks of June 2018, the Bureau of Land Management (BLM) issued two directives streamlining and clarifying the environmental review process undertaken by the BLM to approve an application for permit to drill...more
In a detailed opinion, U.S. District Court Judge James O. Browning of the District of New Mexico sided squarely with the Bureau of Land Management (BLM) and the oil and gas operators, represented by Holland & Hart’s...more
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
President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and...more
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
On September 6, 2016, a federal Judge issued an Order finding that the U.S. Bureau of Land Management (“BLM”) failed to take a “hard look,” as required under the National Environmental Policy Act (“NEPA”), at the potential...more
In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more