Public Lands
Pay 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 READINGGiving Away the National Parks?
Another Trump Administration idea that probably requires Congressional action, and thus probably won’t happen
Another national park idea the Trump Administration had recently was to offload hundreds of national parks to states and local governments, in order to trim $900 million from the Park Service budget. The proposal is spare on details, only calling for the “transfer [of] certain properties to State-level management.” Secretary of the Interior Burgum stated …
Continue reading “Giving Away the National Parks?”
CONTINUE READINGThe Rock
Public lands law stands in the way of Trump’s proposal to reopen Alcatraz
About a month ago, President Trump floated the idea of reopening the federal prison at Alcatraz. The prison has been closed for decades, and it is now part of the Golden Gate National Recreation Area, managed by the National Park Service, and a major tourist attraction. While a lot of the press coverage focused on …
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 READINGPrecedent, the Trump Administration, and Endangered Species
A new Trump Administration initiative misinterprets the overruling of Chevron
The Trump Administration’s effort to strip away protections under the Endangered Species Act that had previously been upheld by the Supreme Court. The Administration seems to think they’re entitled to ignore that earlier decision because it was decided under the Chevron test and Chevron has since been overruled. They’re wrong. If it wishes to change the existing interpretation, the agency must give a reasoned argument for doing so that discusses the relevant policy issues, including reliance and the impact of its decision on endangered species.
CONTINUE READINGDoug Burgum Explains It All For You
Is the Interior Secretary loony or cynical? We report, you decide.
Worried about the state of the National Park System? Concerned about whether Elon Musk’s chainsaw is destroying irreplaceable groves of Sequoias? Have no fear! Under criticism for staff cuts across the country, Interior Secretary Doug Burgum is directing national parks to “remain open and accessible” and says officials will ensure proper staffing to do so. …
Continue reading “Doug Burgum Explains It All For You”
CONTINUE READINGSuccess! Removing the Klamath Dams
A “Good News” Environmental Story (For a Change)
Most of the environmental law and policy matters discussed on Legal Planet–especially over the past few months–have dealt with natural resource crises, environmental rollbacks, hostile political actors and actions in Washington, D.C., etc. So let me take this opportunity to share an upbeat and inspirational environmental story in these otherwise troubled environmental times. In 2022, …
Continue reading “Success! Removing the Klamath Dams”
CONTINUE READINGAnd The Grift Goes On – This Time on Public Lands
Trump’s alleged plan for affordable housing on federal property is one more brick in a wall of corruption.
Today in the Department of FFS. The Wall Street Journal breathlessly reports, Trump Wants to Build Homes on Federal Land. Here’s What That Would Look Like. And then, not content with a series of graphics about where this housing could be, it also put out a big op-ed from Interior Secretary Doug Burgum and HUD …
Continue reading “And The Grift Goes On – This Time on Public Lands”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
