public lands

Public Lands Watch: Alaska National Wildlife Refuge

Public comment period for environmental review for oil and gas leasing in Alaska National Wildlife Refuge

This blog post was drafted by Jamie T. Martinez. The Bureau of Land Management (BLM) is preparing an Environmental Impact Statement (EIS) in order to implement the Coastal Plain Oil and Gas Leasing Program established in the Tax Cuts and Jobs Act of 2017 (TCJA) (see Public Law 115-97 Title II § 20001(b)(2)). This leasing program …

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Public Lands Watch: Natural Resources Management Act

Legislation in Congress would expand parks, permanently authorize conservation fund

This blog post was drafted by Jamie T. Martinez.  On February 12, the Senate passed the Natural Resources Management Act (NRMA), 92-8. What does the NRMA do? Simply put: a lot. If passed by the House of Representatives and signed by the President, the NRMA will protect approximately 1.3 million acres as wilderness areas, expand …

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Flipping the Conservative Agenda

Thought experiment: take everything conservative want to do and then do the opposite.

Conservatives, with full support from Donald Trump have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that’s an actual thing, in case you’re wondering, and it’s today – let’s think about reversing those ideas.  In other words, let’s try to come up with similar …

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The Power of the Purse

House Democrats have power to use appropriations process to stop Trump Administration environmental rollbacks

Dan has already posted about some of the big deregulatory steps the Trump Administration is likely to take in the next year. But the new Democratic majority in the House could have something to say about those steps, if they wanted to. Democrats will have even more leverage over spending bills than they had in …

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Secretary Zinke Misleads the Public About Wildfires and Federal Public Land Management

Secretary of Interior’s Op-Ed Ignores Science and Land-Use Planning to Falsely Blame Wildfire Risk on “Radical Environmentalists”

Interior Secretary Ryan Zinke published an op-ed today calling for “active management” of our federal public lands to reduce wildfire risk, and blaming “radical environmentalists who would rather see forests and communities burn than see a logger in the woods” for the prevalance and lethality of wildfires in the American West.  Zinke’s op-ed is disingenuous, …

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Careful 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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Public Lands Watch: ESA Regulations

Administration proposes subsantial revisions to the regulations that implement the Endangered Species Act

One of the most important statutes for management of federal public lands is the Endangered Species Act (ESA).  It’s important because it requires all federal agencies to avoid jeopardizing the existence of listed endangered and threatened species through their actions, and also to avoid adversely modifying critical habitat for those species.  That means when the …

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Public Lands Watch: NEPA Regulations

Administration asks for ideas about how to revise regulations implementing NEPA

A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities.  Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA).  NEPA, in short, requires the federal government to thoroughly analyze significant …

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Public 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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Law professor comment on BLM proposal to revoke methane rule

Comment ids flaws in BLM’s proposal to revoke rule restricting methane emissions from oil and gas development on federal lands

I’ve already posted a couple of times on BLM’s proposal to revoke a rule that limits methane emissions (a major greenhouse gas) from oil and gas operations on federal lands.  The period for public comment on BLM’s proposal closes today.  A group of environmental law professors just filed a comment noting major legal problems with …

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