Public Lands
Public Lands Watch: Repeal of Interior valuation rule
Interior Department repeals Obama Administration reforms to the prices paid by energy companies for public oil, gas, and coal resources
The Office of Natural Resources Revenue (ONNR) of the Interior Department published a final rule in the Federal Register earlier this week on August 7th, 2017, that the Department is repealing the “Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform Final Rule.” The 2017 Valuation Rule was published on July 1, …
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CONTINUE READING200 Days & Counting: Environmental Threat Assessment
The Trump Administration presents a barrage of threats to the environment. Which threats are worst?
This is the last in our series on the state of play concerning U.S. environmental protection at this point of the Trump Administration. We can classify threats along three dimensions: the likelihood of harm, the seriousness and irreversibility of the harm, and the irreversibility of the institutional or legal change. Here’s an assessment of our …
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CONTINUE READING200 Days & Counting: State and Local Action
States and cities can do a lot to push back against Trump, but they do face some legal challenges.
In the Trump era, what avenues are open to state and local governments to use self-help to protect the environment? I’ve posted before about the opportunities for state and local governments taking action to protect their own environments. (here and here). Perhaps the most important recent development is the extension of California’s cap-and-trade program to …
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CONTINUE READING200 Days and Counting: Public Lands
The potential impact of a Trump Administration on our federal public lands.
The federal government owns almost one-third of the land in the United States, primarily concentrated in the Western states. In addition, the federal government is the primary manager of the oceans off the coast of the United States (with the exception of oceans within three miles of the coastline, which are primarily under state authority). …
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CONTINUE READINGGuest Blogger Justin Pidot: Two Years after Gold King Disaster, Trump Would Slash Funding for Abandoned Mines Cleanup
Congress Should Ensure that Money Is Available to Address Pollution on Public Lands
In recent legal battles, the State of Utah has rarely sided with the environment. It is a significant moment, therefore, when Utah files a lawsuit aimed to force polluters to pay for contamination they have caused, as it did last week when it sued mine owners and contractors for the EPA related to the Gold …
CONTINUE READINGPublic Lands Watch: Proposed repeal of BLM fracking rule
BLM Proposes to Rescind 2015 Rule on Hydraulic Fracturing
On July 25, 2017 the Bureau of Land Management published in the Federal Register a proposed rule that would rescind the Obama Administration’s 2015 Rule titled “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands.” This proposal has been anticipated since the Interior Department announced in March earlier this year that the Department intended …
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CONTINUE READINGPublic Lands Watch: HR 218
Bill would authorize road through wilderness in Alaska national wildlife refuge
On July 20th the House passed H.R. 218 (248-179). The bill was then sent to the Senate where it was referred to the Committee on Energy and Natural Resources. The King Cove Road Land Exchange Act would transfer 206 acres of federal land—including 131 acres in the Izembek National Wildlife Refuge—to the state of Alaska …
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CONTINUE READINGNational Monuments: a Rebuttal to Commentators who Support Trump’s Actions to Undo Public Lands Protections
This post is co-authored with Sean Hecht. For the past three months, Secretary of the Interior Ryan Zinke has been reviewing some of the national monuments designated under the Antiquities Act by Presidents Obama, Bush, and Clinton. Since the end of last year, we and others at Legal Planet have been writing on the scope …
CONTINUE READINGPublic Lands Watch: HR 2936
Resilient Federal Forests Act would reduce or eliminate environmental protections for logging projects on National Forests
The House Natural Resources Committee passed H.R. 2936, the “Resilient Federal Forests Act of 2017,” out of committee on June 27th and the bill is now waiting in the House for debate. The bill would expedite National Environment Policy Act (NEPA) review for U.S. Forest Service projects in order to improve forest management on federal …
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CONTINUE READINGLaw professor comments on national monuments review
Leading natural resource and environmental law professors comment on Trump review of national monuments
As we’ve been covering here on Legal Planet, the Trump Administration is conducting a review of national monuments created over the past 20 years, and has indicated it may seek to eliminate or shrink some of those monuments. Part of that process is a public comment period. (You can comment here, deadline is July 10.) …
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