NEPA

Appropriations bill addresses fuels management and exempts some hazardous fuels projects from environmental review

A proposed “wild-fire fix” bill (PL 115-141 of March 23), sponsored by Senator Simpson (R-Idaho), includes various provisions to address forest and fuels management. The provision proposes to categorically exemption from environmental review hazardous fuels reduction projects less than 3,000 acres and authorized pursuant to the Health Forests Restoration Act of 2003. The House approved […]

DOI Issues Order to Protect Big Game in the West

  On February 9, 2018, Department of Interior (“DOI”) Secretary Ryan Zinke issued a secretarial order (Secretarial Order No. 3362) designed to improve habitat quality and western big game winter range and migration corridors for antelope, elk, and mule deer. The order directs the DOI to work with the states of Arizona, California, Colorado, Idaho, […]

Ninth Circuit Denies Challenge Over Owl Species

On Wednesday, a three-judge panel from the Ninth Circuit rejected environmentalists’ appeal to overturn a U.S. Fish and Wildlife Service (USFWS) policy that allows the taking of one owl species to help recover another. Friends of Animals initially sued the USFWS over a 2014 plan to kill thousands of barred owls (on the left in […]

Trump Administration Sued by Environmental Groups Over Mojave Desert Groundwater Project

This week environmental groups brought a lawsuit against the Trump administration over its recent support of a company’s plan to pump 16.3 billion gallons of groundwater each year from a Mojave Desert aquifer to developments in South Orange County and other locations. Los Angeles-Based Cadiz Inc. seeks to build a pipeline that pumps the water […]

Trump Reduces Utah National Monuments, Tribes and Environmental Groups Respond with Lawsuits

This week, President Trump signed two proclamations, which reduced the size of two national monuments in Utah by 2 million acres and is now the largest rollback of federal land protection in U.S. history. Using the Antiquities Act, Trump formally downsized the Grand Staircase-Escalante Monument to about half its size (from 1.9 million acres to […]

California Congressman: Slow Down Permits! Introduces Bill Targeting Approved But Unimplemented Permits to Drill

Last week, California Representative Alan Lowenthal (D) introduced HR 4103 (2017), also known as the “Having Open Access to Relevant Data Act” or the “HOARD Act.” The legislation specifically targets applicants who have obtained Permits to Drill on federal lands, but had not begun timely drilling. The HOARD Act is in response to the Bureau […]

BLM to Hold Public Hearings on Sage Grouse While Watchdog Group Sues for Public Records

This week the BLM announced its plans to hold public hearings in November to allow for public comment regarding the agency’s decision to reopen 98 federal land use plans that were put in place to protect the greater sage grouse. Meanwhile, a watchdog group filed a federal lawsuit against the Interior Department, claiming the agency […]

EPA Chief Kills “Sue and Settle” Tactic Used By Environmental Groups

On October 16, 2017, EPA Administrator Scott Pruitt issued an administrative order with the goal of ensuring that the Environmental Protection Agency is transparent when settling lawsuits – particularly those filed by environmental groups seeking to regulate through litigation. A press release accompanying the administrative order explains that the EPA has long been sued by […]

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