NEPA

Public Lands Watch: Forest Service proposes NEPA regulatory revisions

Forest Service proposes revisions to NEPA regulations to increase exemptions for logging and other projects

The National Environmental Policy Act (NEPA) has long been a lightning rod for debates over public land management.  NEPA requires federal agencies to fully analyze and publicly disclose the environmental impacts of proposed major federal actions that significantly affect the environment, including analysis of a reasonable range of alternatives and a response to public comments.  […]

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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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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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Attempting to Close the Floodgates of Litigation

Can Congress prevent state and federal courts from hearing WaterFix lawsuits?

The journey of California’s proposed delta tunnels project (also known as California WaterFix) has been anything but straightforward and already faces a slew of ongoing legal challenges.[i] Last week, Congress added a different kind of twist when the proposed Department of Interior budget for FY 2019 was introduced in the House Appropriations Committee. The relevant […]

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The 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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Public Lands Watch: Izembek National Wildlife Refuge

Interior Department proposes to authorize road through wildlife refuge in Alaska

Tom Schumann authored this blog post. News outlets report that the Interior Department, reversing a decision made under President Obama, has agreed to a land exchange with an Alaska Native village that would allow construction of a road across a national wildlife refuge that provides important habitat for migratory birds, bears, caribou, and other species. […]

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Public Lands Watch: Resilient Federal Forests Act

Bill to reduce environmental protections for timber management on federal lands passes House

The Resilient Federal Forests Act (RFFA), H.R. 2936—which would curb environmental review under the National Environmental Policy Act (NEPA) for a variety of forest management activities on National Forest and BLM lands—passed the House November 1. (We previously wrote about a version of this bill in committee here.) NEPA requires agencies to consider whether proposed […]

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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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