public lands
It’s back.
Land sale provisions are back in reconciliation. And they are far worse than before.
Last time I posted on this topic, the Republican majority in the House of Representatives was considering a provision to sell or dispose of public lands in Utah and Nevada, arguably on the grounds of facilitating needed housing production around growing metropolitan areas. That provision was criticized across the political spectrum, received opposition from a …
CONTINUE READINGPay to Play
The reconciliation bill has a new approach to try and change substantive law
I posted earlier about a provision in the House reconciliation bill that attempts to effectively repeal NEPA by allowing sponsors of projects to pay a fee to avoid any judicial review of NEPA documents. That provision is not unique, and indeed it looks like House Republicans are trying to develop a new tool to use …
Continue reading “Pay to Play”
CONTINUE READINGReconciliation and public lands
Most changes would be to the leasing process for oil and gas development and reflect a partisan response to ping-pong governance
As the Senate takes up the House’s version of the reconciliation bill, I wanted to briefly summarize the main provisions that relate to public lands – in part so readers can be aware of the state of play as to what might (or might not) come to pass in the Senate. The bill as passed …
Continue reading “Reconciliation and public lands”
CONTINUE READINGImplications of the Seven County Decision
Possible limitations on NEPA analysis for climate effects and indirect effects
This is the third in our series of posts on the Seven County case. The first post was here, summarizing the key points of the opinion. The second post is here, providing our assessment of the analysis in the opinion. In this third post, we discuss the implications of the case for what have been …
Continue reading “Implications of the Seven County Decision”
CONTINUE READINGA Midnight Public Land Sale?
Last-minute addition to House reconciliation bill proposes sale or exchange of hundreds of thousands of acres of public lands
There was a last minute amendment added to the House Natural Resources Committee markup on May 6, an amendment which has gotten a lot of negative attention, including from conservative outdoors advocates. The amendment, made by Representative Amodei (Republican, Nevada) and Rep. Maloy (Republican, Utah) would mandate the sale or exchange of at least 449,174 …
Continue reading “A Midnight Public Land Sale?”
CONTINUE READINGFix Our Forests, version 2
A revised bipartisan proposal in the Senate is a step forward in the right direction
I wrote previously about the Fix Our Forests bill which has been passed by the House and is currently being considered by the Senate. I noted some concerns I had about its overuse of emergency authorities, its expansion of categorical exclusions, and some changes to litigation, as well as some positive features of the bill. …
Continue reading “Fix Our Forests, version 2”
CONTINUE READINGSurfing the Wave of Executive Orders
As an old song says, “Mama Miá, here we go again!”
One thing that no one can deny is that Trump is brilliant at political theater. People overlook the importance of that at their peril. But theater isn’t reality, and it remains to be seen how many of the grand gestures Trump made today will eventuate in law.Presidents love issuing executive orders. It’s easy to do, and many people will credit the president with major accomplishment. But really, as someone recently said, an executive order is “just a memo on fancy letterhead.”
CONTINUE READINGA Way Forward?
Reducing the Number of Decisions Could Accelerate Fire Management
This is the third of a series of three posts on how to do more to reduce fire risks on federal lands. The first post is here, the second post is here. In addressing the increasing risks of wildfire, we certainly need to scale up the resources we apply to the problem, doing more prescribed …
Continue reading “A Way Forward?”
CONTINUE READINGFire and Permitting Reform
Addressing the difficult parts, regulation and litigation
This is the second of three posts on proposed legislation to address the fire crisis on federal lands (the first post is here). Last post, I talked about why this legislation is essential, and the strengths of the bill that the House passed last Congress. In this post, I’ll talk about the parts of the …
Continue reading “Fire and Permitting Reform”
CONTINUE READINGDeal or No Deal?
Should Congress pass EPRA?
This is the second in a series of posts on permitting reform. The first post is here. Given the provisions of the Energy Permitting Reform Act (EPRA), should Congress enact it as it stands now? Answering that question is tricky, in part because it depends both on uncertain political and administrative action, as well as …
Continue reading “Deal or No Deal?”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
