NEPA

Ryan Zinke’s Troubling Remarks Undercut Dept. of Interior’s Core Mission

Comments to Oil Trade Association Attack Agency Staff, Dismiss Environmental Safeguards

At a recent meeting of the American Petroleum Institute (the national oil company trade association), Interior Secretary Ryan Zinke made clear some of his plans for the Department of the Interior.  According to AP reporting, he called almost 1/3 of employees disloyal, said he plans to speed up oil and logging permits, and revealed a …

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News Flash: 10th Cir. Rebukes Government Over Coal Leases

Today’s important ruling on standing, public lands, and climate change

In an important ruling this morning, the Tenth Circuit rejected the government’s assertion that it could ignore carbon emissions tied to renewing coal leases. In WildEarth Guardians v. BLM, the court also rejected the mining company’s attack on the standing of environmental groups to raise this claim.The mines in question are in the Powder River …

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The ostrich administration

Ostriches actually don’t hide their heads in the sand, but the Trump administration sure wants to

It’s a myth (of course) that ostriches hide their heads in the sand when they’re afraid. Hiding one’s head is about the worst possible way to react to danger: it won’t make a threat go away, but it will make it awfully difficult to respond effectively. Ostriches are not that stupid. (They apparently do sometimes …

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200 Days and Counting: Public Lands

The potential impact of a Trump Administration on our federal public lands.

The federal government owns almost one-third of the land in the United States, primarily concentrated in the Western states. In addition, the federal government is the primary manager of the oceans off the coast of the United States (with the exception of oceans within three miles of the coastline, which are primarily under state authority). …

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Public Lands Watch: HR 218

Bill would authorize road through wilderness in Alaska national wildlife refuge

On July 20th the House passed H.R. 218 (248-179). The bill was then sent to the Senate where it was referred to the Committee on Energy and Natural Resources. The King Cove Road Land Exchange Act would transfer 206 acres of federal land—including 131 acres in the Izembek National Wildlife Refuge—to the state of Alaska …

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Public Lands Watch: HR 2936

Resilient Federal Forests Act would reduce or eliminate environmental protections for logging projects on National Forests

The House Natural Resources Committee passed H.R. 2936, the “Resilient Federal Forests Act of 2017,” out of committee on June 27th and the bill is now waiting in the House for debate. The bill would expedite National Environment Policy Act (NEPA) review for U.S. Forest Service projects in order to improve forest management on federal …

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Trump’s Executive Order: Bad Policy and More Uncertainty

President Trump’s Executive Order on climate policy is an invitation to bad policymaking and legal uncertainty. The big-ticket item targeted by the Order, of course, is the Obama Administration’s Clean Power Plan and related rules on carbon dioxide emissions from power plants. The EO has limited immediate legal impact: none of the major rules can …

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The Owls in the Vineyard

It’s smart to take precautions against climate change. More can be done, even in the Trump era.

At night, you can hear the hooting of owls in the vineyard.   The owners have deployed owls and falcons to control the pests that threaten the Kendall Jackson vineyards due to milder winters.  But birds of prey aren’t the only things flying above the vineyard.  There are also drones, which are used to observe small differences …

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Of Pipelines, Protests, and General Permits

A fight in North Dakota reveals problems in how we permit and review large infrastructure projects

Native American tribes and environmental groups are currently protesting the completion of an oil pipeline in North Dakota.  The pipeline would travel beneath the Missouri River.  Tribes and environmentalists are fighting the pipeline both through litigation and also through direct action (occupying the site where the construction to complete the pipeline beneath the river would …

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The New NEPA Guidance

The new guidance on climate change is a step forward, though it could have been stronger.

The White House Council on Environmental Quality (CEQ) issued new guidance today on considering climate change in environmental impact statements.  Here are the key points: Quantification.  The guidance recommends that agencies quantify projected direct and indirect emissions, using the amount of emissions as a proxy for the eventual impact on climate change.  The EIS should also …

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