Less than one week after the Bureau of Land Management (BLM) released its Final Rule governing hydraulic fracturing practices on federal lands, North Dakota will proceed to explore the state’s legal options for challenging the new regulations. At their March 24 meeting, the members of the North Dakota Industrial Commission—comprised of Governor Jack Dalrymple,
Permitting
The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas Leases
By Michael Sherman on
Posted in Oil & Gas, Permitting
As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the primary term in their lease as recently highlighted by the Interior Board of Land Appeals (IBLA) in…
Zinc: It’s Not Just for Lifeguards
By Michael Sherman on
Posted in Mining, Permitting
Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic explaining the importance of the mineral zinc. Many consumers do not know it, but minerals are present in products we all use on a regular basis. That includes the mineral zinc, which is used in sunscreen, swimming…
A Resurgence in U.S. Manufacturing Requires a Sensible Mining Permitting Process
By Mike Mills on
Posted in Mining, Permitting
A new short video found at the website for Minerals Make Life – a National Mining Association initiative – illuminates the close ties between the widespread resurgence of manufacturing in the United States and the need for stable access to mineral resources. As manufacturing experiences a resurgence in the United States, an expected 2 to…
New Information on Demand for Rare Earths Demonstrates Need to Increase Efficiency in U.S. Mining Permitting Processes
By Mike Mills on
Posted in Mining, Permitting
Minerals Make Life – a national, non-profit mining association – has recently developed an illuminating infographic indicating the increased demand for rare earth minerals. Presence of these minerals in the earth’s crust is common, but much less common in terms of minable concentrations. While demand for rare earths is rising, the current state of U.S.
Transportation Safety Issues Fueling Pipeline Proposals In North Dakota And Minnesota
By Andrew Pieper on
Following the derailment and explosion of a train carrying crude oil near Casselton, North Dakota, and a federal Department of Transportation safety alert that Bakken crude may be more prone to ignite at lower temperatures than other crudes, there’s renewed interest in finding secure transportation alternatives for those natural resources. Pipelines are one alternative gaining…
Proposed Sage-Grouse Protections May Impact Mining Along the California-Nevada Border
By Michael Sherman on
Via my colleagues Barbara Craig, Ryan Steen and Sarah Stauffer Curtiss:
On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the Endangered Species Act (“ESA”) and to designate critical…
A Tale of Two Pipelines: This Week in the News
By Mike Mills on
It was the best of times, it was the worst of times…for two pipeline projects in the West.
TransCanada was successful in the Tenth Circuit on Thursday in its continuing efforts to defend against a preliminary injunction brought by the Sierra Club, Clean Energy Future of Oklahoma, and the East Texas Sub Regional Planning Commission.
Small-scale Miners on Forest Service Lands Rebuffed by U.S. Supreme Court
By Michael Sherman on
Posted in Mining, Permitting
On Monday, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in the case of Karuk Tribe of California v. United States Forest Service, 681 F.3d 1006 (9th Cir. 2012). In that case, the Ninth Circuit held that the Forest Service violated the Endangered Species Act (ESA) by failing to consult…
Alaska Considering State Primacy Over Section 404 Dredge and Fill Permitting
By Ramona Monroe on
Posted in Alaska, Permitting
In his State of the State address on January 16, 2013, Alaska Governor Sean Parnell called for the state to assume primacy for dredge and fill permitting under Section 404 of the Clean Water Act. Two days later, on January 18, 2013, Governor Parnell introduced two bills – Senate Bill 27 and House Bill 78…