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 the President’s first day in office, January 20, the White House released Executive Order 14153, titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The Alaska EO states that: The State of...more
Newly-appointed U.S. Attorney General Pam Bondi wrote in a memo this Wednesday that the Justice Department will reverse a Biden-era directive to prioritize enforcement of environmental laws in disadvantaged and low-income...more
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
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
True Oil LLC v. BLM is a recent opinion by the Wyoming Federal District Court, based on the appeal of an order out of the BLM Rawlins Field Office. At issue was whether a fee surface owner can grant a subsurface easement...more
A coalition of eight AGs submitted a comment letter in support of the Bureau of Land Management’s (BLM) proposed Waste Prevention Rule, which would impose obligations that oil and gas operators must undertake to avoid waste...more
This article is the second in a two-part series analyzing recent proposals by federal agencies to reduce methane emissions from oil and gas production. The first article addresses the Bureau of Land Management’s (BLM)...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
BLM approves construction of large California solar projects Bullet E&E News – June 13 The Bureau of Land Management (BLM) has authorized construction work to begin on two solar projects in Southern California, which would be...more
The United States Government Accountability Office (“GAO”) issued an April 20, 2022, report titled: OIL AND GAS: Federal Actions Needed to Address Methane Emissions from Oil and Gas Development (“Report”)...more
California attorney general subpoenas ExxonMobil, opens major investigation into plastic pollution - The Mercury News - April 28 - California Attorney General Rob Bonta on Thursday announced a major investigation into...more
The Biden administration will resume federal oil and gas leasing in June with a large reduction in acres available for drilling and a historic royalty rate increase. On April 18, 2022, the Bureau of Land Management (“BLM”)...more
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
On February 9, 2022, the U.S. District Court for the District of Colorado found that the Bureau of Land Management (BLM) violated the Endangered Species Act (ESA) when it failed to reinitiate consultation with the U.S. Fish...more
Concurrent with commitments made during the twenty-sixth meeting of the United Nations’ COP26 summit in Glasgow, Scotland, the Biden Administration released two significant policies aimed at analyzing and curtailing the...more
After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more
As more states continue to adopt and consider rules for renewable energy facility decommissioning, they do so against the backdrop of the existing federal financial assurance rules implemented by the Bureau of Land Management...more
Yesterday, the United States Department of the Interior (DOI) held a public forum at which stakeholders from government, industry, non-profit groups and academia discussed their visions for the future of the federal oil and...more
2021 Land Use, Environmental & Natural Resources Update - Allen Matkins – March 25 - With the end of the first quarter of 2021 approaching, we thought it timely to issue an update on selected recent developments and...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