October 21, 2021 | Category:
NewsOn August 30, 2021, the U.S. District Court of Arizona issued an opinion that effectively repealed the Trump-era definition of Waters of the United States (“WOTUS”) under the Clean Water Act (“CWA”).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 […]
September 24, 2021 | Category:
NewsOn 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. (https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/05/fact-sheet-president-biden-announces-steps-to-drive-american-leadership-forward-on-clean-cars-and-trucks/.) The purpose of the yet to be signed executive […]
August 18, 2021 | Category:
NewsOn 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, […]
August 17, 2021 | Category:
NewsOn 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. (https://gov.alaska.gov/newsroom/2021/07/07/alaska-sues-biden-administration-for-breaking-promises-on-federal-land-orders/.) Numerous temporary withdrawal orders were issued dating back to the 1970s that have not been released and which restrict the use […]
August 16, 2021 | Category:
NewsOn 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 […]
August 12, 2021 | Category:
NewsThe 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 […]
August 3, 2021 | Category:
NewsOn 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 […]
July 24, 2021 | Category:
NewsThe Sixth District Court of Appeal upheld the County of Monterey’s certification of an EIR for a residential project in the unpublished decision Carmel Valley Association, Inc. v. County of Monterey (Cal. Ct. App., May 19, 2021, No. H046187) 2021 WL 1999807. The case had a long history, as the original project application was filed […]
July 9, 2021 | Category:
NewsThe State of North Dakota (“State”) filed a complaint on July 7, 2021 (“Complaint”), in the United States District Court for the District of North Dakota (Case No. 1:21-cv-00148-DMT-CRH) regarding the Biden Administration’s cancellation of oil and gas lease sales within the State. The State named in the Complaint the United States Department of the […]
July 8, 2021 | Category:
NewsIn the case Oregon Natural Desert Association v. United States Forest Service (9th Cir. 2020) 957 F.3d 1024, the Ninth Circuit Court of Appeals considered the issuance of grazing permits, grazing permit modifications, and annual operation instructions (AOIs) issued by the U.S. Forest Service on seven allotments in a national forest. Environmental organizations, including Center […]
