Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
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
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
We have previously discussed the State of Alaska’s challenge to the Bureau of Land Management’s Conservation and Landscape Health Rule, also known as the “Public Lands Rule.” Seeking to defend the rule, which treats...more
A recent decision by the U.S. Court of Appeals for the D.C. Circuit in Earthworks v. U.S. Department of the Interior has important implications for mining companies operating on public lands. This ruling upholds the Bureau of...more
Under the Bureau of Land Management’s recently promulgated Conservation and Landscape Health Rule, 43 C.F.R. §§ 6100-6103.2, the BLM must seek to achieve “ecosystem resilience,” which encapsulates an ecosystem’s ability to...more
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
In May 2024, the Bureau of Land Management (BLM or the Agency) issued a final rule updating its renewable energy and right-of-way (ROW) policies. BLM is one of the largest landholders in the United States, with significant...more
The Bureau of Land Management (BLM) has finalized two rules to further prioritize the health of public lands and facilitate renewable energy leases: the Conservation and Landscape Health Rule and the Rights-of-Way, Leasing,...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
The U.S. Bureau of Land Management (BLM) announced on January 17, 2024, the publication of its draft Programmatic Environmental Impact Statement (PEIS) to help streamline and accelerate utility-scale solar energy development...more
The Bureau of Land Management (BLM) announced an update to its 2012 plan for solar power development in the western U.S., adding five states to the original six. The original plan identified prime areas for solar development...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
Interior Secretary Deb Haaland announced the advancement of 15 new renewable energy projects in the western U.S., including a 500 MW photovoltaic facility in Riverside County, which was fully operational Friday, as well as...more
The Biden administration on June 15 announced a proposed new rule that would aim to speed the development of renewable energy on public lands. The rule would cut fees for solar and wind development on public lands by 80%,...more
Rule would have significant new implications for traditional multiple-use management and conservation uses of public land. The Bureau of Land Management (BLM) recently unveiled its proposed Conservation and Landscape...more
On April 3, 2023, the Bureau of Land Management (“BLM”) published a proposed rule to promote the conservation of the 245 million acres of public lands it manages. The proposal purports to advance “BLM’s mission to manage the...more
The Bureau of Land Management ("BLM") announced a sweeping proposed rule that would change how public lands are managed by the federal government. On April 3, 2023, BLM published a proposed rule to promote the...more
Secretary of the Interior Deb Haaland announced on December 5, 2022, that the U.S. Bureau of Land Management (BLM) will develop an updated Solar Programmatic Environmental Impact Statement (PEIS) to help guide solar energy...more
The United States Department of Interior Bureau of Land Management (“BLM”) issued a November 15th Instruction Memorandum (“IM”) titled: Habitat Connectivity on Public Lands...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
On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and...more
In order to keep pace with the federal government’s ambitious goal of permitting the production of at least twenty-five (25) gigawatts of renewable energy through projects placed on public land by 2025, the Department of the...more
BLM Notices Nearly 90,000 Acres for Solar Leasing in CO, NM, and NV - On December 21, the Bureau of Land Management (“BLM”) published a Notice in the Federal Register calling for expressions of interest and nominations for...more