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) […]
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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 […]
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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 […]
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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 […]
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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, […]
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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 […]
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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 […]
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