Skip to main content

New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But Uncertainty Remains for Split-Estate Lands

by John W. Andrews On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance[1] describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and geologic sequestration of carbon dioxide (CO2) for carbon capture and storage (CCS).  BLM Instruction Memorandum 2022-041 (IM 2022-041) […]

| 5 min read | Tagged: ,

From Worse to Bad: New draft of “Build Back Better” Legislation Reduces But Doesn’t Eliminate New Financial Burdens on Hardrock Miners Operating on Federal Land

by John W. Andrews Everyone has heard a bad joke where the setup for the punchline is “well, it coulda been worse”.  Hardrock mining companies operating on federal public lands presumably didn’t feel like laughing when the House Natural Resources Committee released its committee print for President Biden’s proposed “Build Back Better” (BBB) legislation in […]

| 3 min read | Tagged: ,

Who Owns Pore Space for Geologic Carbon Sequestration? Renewed Focus on Carbon Capture and Storage Likely to Bring Ownership Uncertainties on Western Split-Estate Lands Back into the Picture

by John W. Andrews The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy storage.  In light of Congress’ strong interest in addressing climate change, the energy package also focused on the capture of carbon dioxide from […]

Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

by John W. Andrews On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams and wetlands.  The underlying dispute arose from the long-standing controversy over […]

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

by John W. Andrews The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection under the federal Endangered Species Act (ESA).  Because the sage grouse is widespread among sagebrush steppe habitat, […]

| 5 min read | Tagged: , , ,

Voter Initiatives to Limit Mineral Development in Western States Fail

by John W. Andrews Voters in several western states on November 6th defeated citizen-initiated ballot initiatives that would have heavily regulated mineral and energy development.  The highest profile failed initiative was Colorado’s Proposition 112, which would have prohibited new oil and gas drilling within 2500 feet of any structure in the state, or within the […]

Reauthorization of Federal Land Transaction Facilitation Act Offers Opportunities for Federal Land Users, Conservation

by John W. Andrews Buried deep inside the recently passed Consolidated Appropriations Act of 2018[1], legislation reviving the formerly expired Federal Land Transaction Facilitation Act (FLTFA) offers opportunities for potential purchasers of federal public lands, while also creating a source of funding for important conservation transactions. Originally enacted by Congress in 2000, FLTFA authorized the […]