In a speech at the Rocky Mountain National Wildlife Refuge, Interior Secretary Sally Jewell announced yesterday that the U.S. Fish and Wildlife Service (USFWS) will not list the greater sage-grouse under the Endangered Species Act (ESA). Finding that protection under the ESA is no longer warranted due to an “unprecedented conservation partnership,” the USFWS announced that it was withdrawing the species from the candidate list.   The decision comes roughly a week before a court-ordered deadline for a decision.
Continue Reading U.S. Fish and Wildlife Service Determines Protection for Greater Sage-Grouse No Longer Warranted

In June, a Wyoming federal district court temporarily delayed implementation of the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, while it granted the BLM an extension to lodge its administrative record and permitted the parties more time to file citations to that record in support of their…

The U.S. Environmental Protection Agency (“EPA”) has recently announced that it would take steps to finalize rules establishing financial responsibility requirements for hard rock mines under section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”).

Section 108(b) gives the EPA the authority to require certain facilities to have some type of financial security mechanism in place – such as a bond or insurance policy – that can be used to pay for spills or cleanups should a mining or mineral processing company declare bankruptcy or be otherwise unable to conduct necessary response activities. CERCLA requires the financial responsibility to be consistent with the degree of risk associated with the production, transportation, treatment, storage or disposal of hazardous substances.

In 2009, the EPA published a notice in the Federal Register designating the hard rock mining industry as its priority for the development of financial responsibility requirements. In making this determination, the EPA cited a heightened “risk” associated with hard rock mining which increase the likelihood of releases of hazardous substances.

The framework for the new regulations assigns financial responsibility amounts based on a facility’s characteristics (i.e., open pits, waste rock, tailings, heap leach, process ponds, water management, and operations, maintenance and monitoring). Natural resources damages and health assessment costs would be separate fixed amounts imposed on each facility. The financial responsibility requirements are intended to be separate and distinct from other federal closure and reclamation bonding requirements imposed under other statutes.
Continue Reading Miners and States take Notice, the EPA is Updating its CERCLA Financial Responsibility Requirements

Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic detailing the importance of the super element molybdenum. Few elements have a higher melting point than molybdenum, making it an extremely tough metal.

A small amount of molybdenum in a product can make a significant contribution to…

On July 28, 2015, the National Wildlife Federation (“NWF”) filed an intent to sue notice against the Department of Transportation (“DOT”), arguing the DOT has not properly approved pipeline projects for more than 20 years.

The legal action carries nationwide implications: Every U.S. oil pipeline that intersects a navigable water may soon be subject to additional regulations.

Specifically, NWF contends that DOT has failed to issue regulations under section 311(j) of the Clean Water Act (“CWA”), requiring an owner or operator of a pipeline to prepare and submit a facility response plan (“FRP”) detailing response actions to be taken in the event of a worst-case discharge of oil or hazardous substances into waters of the United States.
Continue Reading Pipeline Operators Take Heed – Threatened Enviro Lawsuit May Lead to Greater Regulatory Requirements

On Wednesday, August 26, a coalition of environmental groups threatened to sue the U.S. Environmental Protection Agency (“EPA”) if the regulations under the Resource Conservation and Recovery Act (“RCRA”) are not updated to restrict the disposal of waste associated with oil and gas production.

The coalition specifically asked the EPA to review and revise the RCRA regulations pursuant to the statutory mandate found in sections 2002(b) and 4002(b) of RCRA. Under these sections, the EPA must review and revise RCRA regulations and guidelines “no less frequently than every three years.” (42 U.S.C. §§ 6912(b), 6942(b).)

RCRA was enacted in 1976 to govern the disposal of solid waste. Solid waste is broken down into (1) hazardous solid waste and (2) non-hazardous solid waste. The most notable provisions of RCRA are included in Subtitle C, which directs the EPA to establish controls on the management of hazardous wastes from their point of generation, through their transportation and treatment, storage and/or disposal.
Continue Reading Activists Threaten to Sue if EPA doesn’t Update RCRA Regs to Cover Oil & Gas Industry

On August 18, 2015, the U.S. Environmental Protection Agency released proposed regulations aimed at cutting greenhouse gas emissions and volatile organic compounds (VOCs) from oil and gas facilities. These first-ever proposed standards are a key part of a broader strategy, under the President’s Climate Action Plan, to cut methane emissions in the sector by 40% to 45% below 2012 levels in the next decade.

Building on its 2012 New Source Performance Standards (NSPS) for VOC emissions for the oil and natural gas industry, EPA’s proposed updates would require that the industry also reduce methane emissions. Sources already subject to the 2012 NSPS requirements for VOC reductions, which would also be covered by the proposed 2015 methane requirements, would not have to install additional controls, because the controls to reduce VOCs reduce both pollutants. Although the three-year-old mandates targeted VOCs at the sites, the approach cut methane emissions as a side benefit.

The new proposal would go further, requiring methane and VOC reductions from hydraulically fractured oil wells, too. And, the new plan would extend those emission-cutting requirements further downstream to natural gas transmission and processing equipment.
Continue Reading U.S. EPA Proposes New Rules to Curb Methane Emissions from Oil and Gas Sector

Rare earth elements are found in nearly every aspect of our lives. Televisions, smartphones, tablets, computers, stereos, and cars all contain rare earth elements. Our national security also relies on rare earths in precision-guided missiles, radar, night-vision goggles, lasers, satellites, fighter jets, and submarines. Virtually every aspect of modern society relies in part on…

Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian Tribe’s preliminary injunction motion on July 1.  Among the BLM’s arguments, it asserted four primary points:

  • First, the BLM contends that the

…

On the heels of yesterday’s day-long hearing on several preliminary injunction motions in litigation challenging the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, the Wyoming district court has temporarily ordered a delay of the rule’s implementation for at least several weeks. (See our prior coverage of the…

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Here Stoel Rives shares insight and analysis about key mineral law developments. Drawing on a very active natural resources practice, we aim to keep readers informed about the legal aspects of news that impacts exploration and development of all things mineral.