oil and gas development
California Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law
Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy
Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court’s ruling was predictable, …
CONTINUE READINGKeeping It All In the Ground?
Exploring legal options for congressional and executive actions to terminate existing fossil fuel leases on federal lands.
The Biden Administration has set aggressive goals for the reduction of greenhouse gas emissions from the United States. And a necessary component for any long-term plan to address greenhouse gas emissions from the United States is reducing and ultimately eliminating the emissions from fossil fuels produced on federal lands. Why is this such a critical …
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CONTINUE READINGWarren’s public lands policy proposal
The Senator’s policy proposals have a lot of good points, but could be even better
Senator Elizabeth Warren has become famous for her policy plan documents as she runs for President. A few months ago, she released a new one focusing on public lands. The key points in her plan include: A moratorium on all new fossil fuel leasing on federal public lands Providing 10% of US renewable energy from …
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CONTINUE READINGPublic Lands Watch: Final Changes to Sage Grouse Protections
BLM announces final version of revisions to protections for sage grouse on Western federal public lands
This blog post was drafted by Jamie T. Martinez. On March 15, the Trump administration finalized its plan to loosen protections on federal lands for the habitat of the greater sage-grouse, a near-threatened species that lives in sagebrush country across the western United States. The final plan amends the resource plans adopted in 2015 to …
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CONTINUE READINGPublic Lands Watch: Sage Grouse Plans Move Forward
Administration takes next steps to scale back protections for iconic Western bird on federal public lands.
I’ve posted before about proposals by the Trump Administration to roll back protections for the sage grouse, an iconic species of the Western United States, from oil and gas development on federal public lands. (The initial blog post with background is here; the specific proposed revisions are here.) The Administration has now issued a final …
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CONTINUE READINGCareful what you wish for…
How Trump’s efforts to rollback national monuments might backfire
We have posted repeatedly here on Legal Planet on the Trump Administration’s efforts to rollback national monument designations made by prior administrations. Litigation over those efforts is still ongoing (and likely will be for a long time). However, I want to note some of the implications if the Administration should succeed in convincing the courts …
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CONTINUE READINGPublic Lands Watch: Sage Grouse Plan Revisions
BLM and Forest Service produce draft environmental impact statements for plan revisions
I wrote in the fall about the Trump Administration’s efforts to weaken protections for sage grouse on federal public lands. The next step in that process is currently ongoing – draft environmental impact statements (EIS) for revisions to land management plans for BLM and Forest Service lands. Those EISs are required by the National Environmental …
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CONTINUE READINGThe impact of Trump’s offshore leasing plans
The Administration’s leasing proposals are not likely to produce an offshore oil and gas boom unless other factors change
This post is the last in a three-part series examining the implications and context of the Trump Administration’s announcement of a proposal to dramatically expand offshore oil and gas development in the United States. The first post focused on the legal context; the second one on the political context. This last post synthesizes the law …
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CONTINUE READINGThe politics of Trump’s offshore leasing proposal
Widespread political opposition at the state level poses major obstacles to federal plans
This post is the second in a three-part series looking at the Trump Administration’s announcement of plans to vastly increase offshore oil and gas drilling. The first post, here, focused on the legal context for those announcements. In this post, I’ll discuss the political context. In my last post, I’ll conclude with an analysis of …
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CONTINUE READINGThe Administration’s offshore oil and gas leasing proposal
Offshore leasing system requires long, complex legal process before drilling can occur
A few weeks ago the Trump Administration announced a new proposed plan to drastically increase the amount of offshore areas available for leasing for oil and gas development – essentially opening up almost all of the waters off of the lower 48 states. The announcement at the time attracted a lot of media attention, but …
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