10 articles
Practical Implications for Projects in Ozone Nonattainment Areas 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 Wyoming addresses how Clean Air Act (CAA) general conformity analyses must account for emissions from mobile equipment in ozone nonattainment areas. […]
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, state […]
The U.S. Supreme Court formally ended the administrative law doctrine known as “Chevron deference” this summer in Loper Bright Enterprises, Inc v. Raimondo. This decision is celebrated as a significant victory for reigning in federal agency regulatory over-reach and the power of the administrative state. Appropriately so. But, with the revelry dust now settled, there is still confusion as to…
Actions That Led to the Complaint To date, the U.S. Supreme Court has largely declined to address climate change liability cases, and federal judges have consistently remanded these cases to State court. This trend could potentially shift in the coming months. A certiorari petition is currently pending in the Hawaii State court case, Sunoco LP v. City and County of…
As all serious skiers know, consistent year-round quad, leg, and core workouts are critical to maximizing a fun, rewarding, and safe ski season. For the oil and gas industry, there is a new quad workout that demands even more attention and dedicated work to ensure compliance and minimize enforcement risk: EPA’s new methane and volatile organic compound (“VOC”) rules under…
A Washington D.C. federal judge upheld the Bureau of Land Management’s greenhouse gas and climate impact analysis, conducted in connection with six 2022 federal onshore oil and gas lease sales. A coalition of environmental plaintiff organizations sued to challenge several aspects of the lease sales, seeking to: (1) set aside BLM’s environmental analyses; (2) require BLM to issue an Environmental…
If you haven’t been paying attention to Regional Haze, it’s time to start. While the focus has been on the many new federal rules coming out, the Regional Haze Rule is already in place and set to make a big impact on the fossil fuel industry as EPA starts reviewing states’ Round 2 plans. If Round 2 is anything like…
EPA’s New Climate Enforcement Policy and Third-Party Monitoring Program Is EPA’s new third-party methane super-emitter monitoring and reporting program the camel’s nose under the tent? In the classic fable, on a cold night, a camel asks his owner if he could put his nose inside the owner’s tent to keep warm; and through a series of seemingly modest incremental requests,…
Since 2015, the environmental plaintiff industry has been filing sweeping lawsuits challenging the federal onshore oil and gas program. The scope of these lawsuits, and the judicial relief requested, raise significant constitutional issues on plaintiff organizations’ legal viability to bring such programmatic challenges. Examples include a lawsuit against every single federal oil and gas lease sale in five states dating…
The Bureau of Land Management (BLM) issued a new national policy providing guidance on authorizations for carbon sequestration projects on federal lands via Instruction Memorandum No. 2022-041 (June 8, 2022). This broad policy and guidance document covers the prerequisites, procedures, and permits needed for these projects, as well as the review process for the key legal issue of pore space…