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IBLA Vacates Gas Project Based on Faulty Conformity Analysis

IBLA Vacates Gas Project Based on Faulty Conformity Analysis

Practical Implications for Projects in Ozone Nonattainment Areas By Bret Sumner, and Raj Lahoti A recent Interior Board of Land Appeals (IBLA) decision vacating Bureau of Land Management’s (BLM) approval of a large scale federal natural gas development project in...

Congress Legislates Commingling Reform for Federal Oil and Gas Production;  BLM to Initiate Rulemaking Process for Implementing Regulations

Congress Legislates Commingling Reform for Federal Oil and Gas Production; BLM to Initiate Rulemaking Process for Implementing Regulations

By Bret Sumner & Jacob Everhart The Big Beautiful Bill or the Reconciliation Act of 2025 (the Act) (House Resolution 1), contains an important provision for upstream oil and natural gas operators on federal lands.  This provision directs the Bureau of Land Management (BLM) to draft a rule authorizing commingling of production from diverse mineral ownership (federal and fee, federal,…

Successor in Interest or Successor in Liability? New Mexico Court Expands SLO’s Reach in Marathon Decision

Successor in Interest or Successor in Liability? New Mexico Court Expands SLO’s Reach in Marathon Decision

The recent Richard v. Marathon Petroleum Corp. decision compels oil and gas operators to adopt rigorous due diligence standards prior to lease acquisitions. The New Mexico Court of Appeals (NMCA) ruled that New Mexico State Land Office (SLO) approved lease assignments do not absolve assignors or their successors in interest from liability for tortious or statutory harms caused before the…

Supreme Court Issues a Course Correction to Bring Sanity Back to NEPA Reviews

Supreme Court Issues a Course Correction to Bring Sanity Back to NEPA Reviews

Today, in a unanimous decision, the Supreme Court of the United States issued a “course correction. . .to bring judicial review under NEPA back in line with the statutory text and common sense.”[1] In Seven County, the Court held that the D.C. Circuit Court of Appeals erred in finding deficiencies in the agency’s NEPA analysis for approval of a railroad…