NEPA: Now they tell us

The Washington Examiner proclaiming what those of us permitting projects on the ground have known for decades: The environmental review process at state and federal levels is completely broken. An excerpt from the article (link to article HERE): When Honolulu approved plans to construct a rail transit line stretching 20 miles into the suburbs in […]

District Court Repeals Trump-era Definition of “Waters of the United States”

On August 30, 2021, the U.S. District Court of Arizona issued an opinion that effectively repealed the Trump-era definition of Waters of the United States (“WOTUS”) under the Clean Water Act (“CWA”). Pasqua Yaqui Tribe v. U.S. Environmental Protection Agency (2021) — F.Supp.3d — (“Pasqua”) involved a challenge by multiple Native American Tribes of two […]

Biden Administration Announces Target of 50% of New Vehicles to be Zero Emissions by 2030

On Thursday, August 5th, 2021, the Biden Administration announced that the President plans to sign an executive order setting a target of 50% of all new vehicles sold in 2030 to be zero-emissions vehicles, including battery electric, plug-in hybrid electric, or fuel cell electric vehicles.  (  The purpose of the yet to be signed executive […]

As Gas Prices Soar, California Makes Good on Promise to End Fracking in California

On July 8, 2021, the California Department of Conservation, Geologic Energy Management Division (“CalGEM”) (formerly known as DOGGR), issued two separate letters denying a total of twenty-one Well Stimulation Treatment (“WST”) permit applications. Hydraulic fracturing, also known as “fracking,” is a type of WST. All twenty-one denied WST permits applications were submitted by Aera Energy, […]

Alaska Sues Biden Administration For Extending Restrictions on Nearly 28 Million Acres of Federal Land

On July 7, 2021, Alaska Governor Mike Dunleavy announced that the State of Alaska is suing the United States for not releasing withdrawals on nearly 28 million acres of federal land in Alaska.  (  Numerous temporary withdrawal orders were issued dating back to the 1970s that have not been released and which restrict the use […]

U.S. Supreme Court Rules that Natural Gas Companies can Condemn State-Owned Property

On June 29, 2021, the U.S. Supreme Court issued its opinion regarding natural gas companies’ ability to condemn state-owned rights-of-way. In PennEast Pipeline Company, LLC v. New Jersey (2021) — S.Ct. —, Case No. 19-1039 (“PennEast”), PennEast, a natural gas company, sought to condemn land in which the State of New Jersey asserted a property […]

Biden asks OPEC to up oil output while limiting U.S. energy production

The White House on Wednesday made the embarrassing move to call on OPEC and its allies to boost oil production as pump prices climb, underscoring alarm over the U.S. loss of energy independence under President Biden. Domestic producers said Mr. Biden should have looked to them to bolster the nation’s oil supply. Instead, Mr. Biden turned to OPEC, a cartel […]

Biden Administration Publishes Notice Regarding Decommissioning Oil Rigs Off the California Coast

On July 23, 2021, the Biden Administration published a notice of intent (“Notice”) to prepare a programmatic environmental impact statement (“PEIS”) “to support future Federal review of and action on decommissioning applications for platforms, pipelines, and other facilities,” including the current 23 platforms and associated wells, facilities and pipelines, located off of the Southern California […]

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