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
This post was co-authored by Beth Ginsberg & Krista McIntyre. The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include a Supplemental Environmental Project (SEP), unless the SEP is expressly authorized by Congress. … Continue Reading
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
On July 19, 2017, Republicans in the U.S. House of Representatives passed legislation that grants the Federal Energy Regulatory Commission (“FERC”) increased autonomy over pipeline approvals. The bill, Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (H.R. 2910), is aimed at streamlining the federal permitting process for pipeline approvals. H.R. 2901 would specify … Continue Reading
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
Minerals are part of virtually all the products we use every day, acting as the raw materials for manufacturing processes or as the end products themselves. Not surprisingly, minerals also are used in the energy generation that we rely on every day. Emerging energy technologies like wind, solar and nuclear heavily rely on minerals to … Continue Reading
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 rare … Continue Reading
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
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. … Continue Reading
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 habitat for the Bi-State … Continue Reading
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. … Continue Reading
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 … Continue Reading
Last week a federal district court in California issued a nationwide injunction that may have significant impacts on exploration activities within National Forests. For years activities that were categorically excluded from review under the National Environmental Policy Act (NEPA) were also exempt from U.S. Forest Service regulations concerning public notice, comment, and administrative appeals (36 … Continue Reading
As the economy continues to struggle, we see more consolidation in the aggregate industry. Deals that seems like a bargain, may include significant problems and liabilities. It is more important than ever to know what you are getting when acquiring existing operations. An acquiring company should not assume that all permits are in order simply … Continue Reading
