Category: Permitting

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U.S. Supreme Court Holds that Natural Gas Pipeline May Cross Under Appalachian Trail

By Mike Mills and Sarah Taylor on Posted in Oil & Gas, Permitting, Pipelines
On June 15, 2020, the U.S. Supreme Court held in United States Forest Service v. Cowpasture River Preservation Association that the U.S. Forest Service was authorized to issue a special use permit granting a 0.1-mile right of way under the Appalachian Trail (“Trail”) to Atlantic Coast Pipeline, LLC (“Atlantic”) for a proposed underground natural gas … Continue Reading

AOGCC Implements Electronic Permitting Procedures in Response to Office Shutdowns Caused by COVID-19

By Tina Grovier and Shannon Bleicher on Posted in Alaska, COVID-19, Oil & Gas, Permitting
Last month, the Alaska Oil and Gas Conservation Commission (AOGCC) announced that it would be implementing electronic permitting procedures in response to office shutdowns caused by COVID-19. The electronic process will also serve as the initial step in developing a fully electronic permitting and reporting system. The initial system will utilize “AOGCC-designed fillable PDF and … Continue Reading

EPA Proposes Changes to the Multisector General Permit That Will Affect Oil and Gas Extraction Permittees

By Veronica Keithley and Ryan Steen on Posted in Oil & Gas, Permitting
The Environmental Protection Agency (EPA) has proposed a draft Multisector General Permit (MSGP) under the National Pollutant Discharge Elimination System (NPDES) program for stormwater discharges related to industrial activity. In Alaska, EPA has jurisdiction over NPDES permitting on federal property within Denali National Park, in federal waters (three miles or more offshore), and on certain … Continue Reading

Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

By Eric Martin on Posted in Mining, Permitting, Regulation
Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015 greater sage-grouse amendments to federal land use management plans. (Prior post on Sage-Grouse Review Team here.) Among other things, such as coordinating federal … Continue Reading

North Dakota’s UIC Class VI Primacy Wait is Almost Over

By Eric Martin on Posted in Oil & Gas, Permitting, Regulation
The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state.  Nearly four years after North Dakota became the first state to seek primacy from EPA over carbon sequestration wells – known as Underground Injection Control (UIC) Class … Continue Reading

Swing and a Foul Ball? Practical Effect of Obama Administration’s Now-Defunct Coal Leasing Moratorium Likely Relatively Small

By Eric Martin on Posted in Mining, Permitting, Regulation
An executive order, secretarial order, and lawsuit challenging said secretarial order, all in the span of less than 36 hours and all concerning federal coal leasing.  The Trump administration on Wednesday reversed a 2016 Obama administration moratorium on federal coal leasing, and environmental organizations have already filed suit challenging this change of direction.  While the effect on … Continue Reading

Idaho Modifies Oil and Gas Statutes (Again)

By Eric Martin and Richard Hall on Posted in Landowner issues, Legislation, Oil & Gas, Permitting, Regulation
Both houses of the Idaho Legislature unanimously approved House Bill 301a last week following a seven-hour negotiation and two days of hearings earlier this month.  Supported by Governor Otter, this bill will (among other things) amend the forced pooling provisions enacted just 12 months ago.  In fact, House Bill 301a is the latest in a … Continue Reading

Oil Transportation and Suction Dredge Mining Legislative Topics in Washington Too

By Eric Martin on Posted in Legislation, Mining, Oil & Gas, Permitting, Pipelines, Regulation, Washington
Following up on last week’s post about Oregon legislative proposals, here are some of the mineral-related bills currently pending in the Washington State Legislature: Oil and Gas SB 5462 and HB 1611 – These two almost identical bills are follow-ups to the Oil Transportation Safety Act that was enacted in Washington two years ago. Among other … Continue Reading

Mineral-Related Bills Pending Before Oregon Legislature

By Eric Martin on Posted in Fracking, Landowner issues, Legislation, Mining, Oil & Gas, Oregon, Permitting, Regulation
The Oregon Legislature’s 2017 session officially kicked off last week. A variety of mineral-related bills have been introduced.  Here are some of the ones to follow: Mining SB 3 – SB 3 is primarily focused on suction dredge mining.  It would build on the 2013 enactment of a moratorium, currently in effect until 2021, on … Continue Reading

Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

By Andrew Pieper, Eric Skanchy and Mike Mills on Posted in Fracking, Oil & Gas, Permitting
UPDATE: Quickly following on the heels of the Wyoming federal district court’s order striking down the Bureau of Land Management’s (BLM) hydraulic fracturing rules, the state governments of North Dakota, Wyoming, Colorado, and Utah have now moved to dismiss the pending Tenth Circuit appeal of the district court’s preliminary injunction order.  Those state government indicated in their … Continue Reading

Court Denies Move For Final Judgment On Order Delaying BLM Hydraulic Fracturing Rule; Environmental Groups Proceed Anyway

By Andrew Pieper on Posted in Fracking, Oil & Gas, Permitting
Following a Wyoming federal court’s order temporarily halting the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands, Sierra Club and several other environmental groups requested the court enter final judgment and delay proceedings while they pursue an appeal through the Tenth Circuit Court of Appeals.  (Our complete coverage of this case … Continue Reading

New Law Streamlines Federal Permitting and Environmental Review Processes

By Jared Wigginton on Posted in Legislation, Natural Gas Storage, Oil & Gas, Permitting, Pipelines
Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to streamline both the authorization (license, permit, approval, etc.) and environmental review processes for covered projects. Who Benefits? To benefit … Continue Reading

BREAKING: Wyoming Federal Court Halts Implementation Of Public Lands Hydraulic Fracturing Rule

By Andrew Pieper on Posted in Fracking, Oil & Gas, Permitting
Late yesterday, Judge Scott Skavdahl of the federal district court in Wyoming issued a much-anticipated order granting a series of preliminary injunction motions filed in litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands.  (Our full coverage of the litigation is available here.)  In a detailed 54-page opinion … Continue Reading

With Latest Filings, Decision On Preliminary Injunction Motions In Litigation Against BLM Fracking Rule Expected Soon

By Andrew Pieper on Posted in Fracking, Oil & Gas, Permitting
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 … Continue Reading

Molybdenum: An Essential Element in America’s Future

By Mike Mills and Eric Skanchy on Posted in Mining, Permitting
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 its performance. … Continue Reading

BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation

By Andrew Pieper on Posted in Fracking, Oil & Gas, Permitting
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 Indian … Continue Reading

BREAKING: Wyoming Federal Court Delays Implementation Of BLM’s Final Fracking Rule

By Andrew Pieper on Posted in Fracking, Oil & Gas, Permitting, Uncategorized
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 preliminary injunction briefing … Continue Reading

More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow

By Andrew Pieper on Posted in Fracking, Oil & Gas, Permitting, Uncategorized
Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary injunction hearing. These briefs are summarized below: BLM’s Opposition To The Preliminary Injunction Motions Filed By The States Of Wyoming And Colorado … Continue Reading

Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule

By Andrew Pieper on Posted in Fracking, Oil & Gas, Permitting
Since our last update on federal litigation in Wyoming challenging the Bureau of Land Management’s (BLM) final rule to regulate hydraulic fracturing on public lands, the flurry of activity continues in advance of the June 23 preliminary injunction hearing. We’ve summarized several key filings below: BLM’s Opposition To Preliminary Injunction On June 1, the BLM … Continue Reading

Wyoming, Colorado Seek To Halt BLM’s Fracking Regulations; Environmental Groups Intervene

By Andrew Pieper on Posted in Fracking, Permitting
On the heels of a preliminary injunction motion filed in the action by two industry groups challenging the federal Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands, the states of Wyoming and Colorado likewise filed a preliminary injunction motion in their related case last Friday. In their brief, the states … Continue Reading

North Dakota And Others Look To Challenge New Federal Fracking Regulations

By Andrew Pieper on Posted in Fracking, Minnesota, Oil & Gas, Permitting
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, Attorney … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading
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