Tom Henry

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Tom Henry focuses his practice on permitting, performing environmental review under the California Environmental Quality Act (CEQA), and resolving other land use, title and regulatory compliance issues. As a California mining attorney, Tom assists clients in permitting mining projects and resolving compliance issues. Tom’s oil and gas experience involves title review, as well as land use, permitting and CEQA issues related to oil and gas development and production. Tom also advises clients as to California’s AB 32 emissions reporting and Cap and Trade Program. A partner in our Sacramento office, he has been listed in The Best Lawyers in America© in the practice area of Oil & Gas Law since 2012.

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Draft Resource Management Plan Amendment Released for Central California Federal Lands

On January 6, 2017, the federal Bureau of Land Management (“BLM”) issued a notice of Draft Resource Management Plan Amendment (“DRMP Amendment”) and Draft Environmental Impact Statement (“DEIS”) for oil and gas leasing and development on federal lands administered by the BLM, Central Coast Field Office (“Planning Area”).  82 Fed. Reg. 1754 (Jan. 6, 2017).  … Continue Reading

Why California’s New Groundwater Management Law is a Game Changer for Mine Operators

Ready or not, California’s new Sustainable Groundwater Management Act (“SGMA”) is here and mine operators should be vigilant in monitoring and actively participating in developments under the law. Previously, the use of groundwater was largely unregulated.  Now local agencies are in the driver’s seat when it comes to addressing a very complex problem: managing groundwater … Continue Reading

Financial Assurance Requirements are on the Horizon for Hard Rock Miners

On January 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (“EPA”) to finalize the long-awaited “financial assurance” regulations under section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”).  The hard rock mining industry is first in line to be subject to  the … Continue Reading

Additional Details On The Removal Of Elena Miller And Derek Chernow

Here is more information on Governor Brown’s removal of Elena Miller as the head of California’s Division of Oil, Gas and Geothermal Resources (DOGGR).  Derek Chernow, the head of California’s Department of Conservation was also removed.  In addition to supervising DOGGR, Chernow supervised California’s State Mining and Geology Board and the Office of Mine Reclamation.  As discussed … Continue Reading

Off Or On? Intrepeting The Requirements of AB 3098

I provided the following paper at the recent CalCIMA conference in Monterey, California. Overview The Office of Mine Reclamation’s (OMR) decision to list or delist a mine from its list of “good mines” maintained under Public Resources Code Section 2717 (the AB 3098 list) effectively precludes a mine from selling to public agencies, critical  customers … Continue Reading

CEQA, Mining and Vested Rights. Looking Back on the California Supreme Court’s Decision in Communities for a Better Environment v. South Coast Air Quality Management District.

One year ago the California Supreme Court issued its decision in Communities for a Better Environment v. South Coast Air Quality Management District (2010) 48 Cal. 4th 310.   Since our blog wasn’t up at the time I thought it would be a good idea to look back on that decision and how it impacts mine … Continue Reading

Mining Landlord/Tenant Disputes

Mining operations are often conducted on leased lands.  As with any lease, disputes may come up between the landowner/lessor and the mining company/tenant.   Over the last few years I’ve dealt with multiple situations in which the landowner either made, or threatened to make, complaints about the mining operation to regulatory agencies.  In some situations the … Continue Reading