The KISS principle that systems perform best with simple rather than complex designscan apply in the world of legal drafting. This lesson was recently learned by lawyers who drafted a complex “work-around” to avoid a judicial interpretation of standard oil and gas...
On September 21, the Advisory Council on Historic Preservation (ACHP), an independent federal agency with a key advisory role in National Historic Preservation Act (NHPA) § 106 “effects” determinations, recommended that long-ago issued federal oil and gas leases...
On July 27, 2015, U.S. District Judge Richard Leon ordered the BLM to develop an “accelerated schedule” within the next 21 days to be used to decide whether to authorize development of 18 federal oil and gas leases that were originally issued in 1982, but have been...
BLM’s new fracking rule is scheduled to take effect on June 24, 2015, but the Western Energy Alliance and Independent Petroleum Association of America moved for a preliminary injunction on May 15 to keep that from happening. They allege irreparable harm because the...
On April 27, 2015, the U.S. Supreme Court denied a petition for writ of certiorari to review a Colorado rancher's attempt to prevent oil development and related access on his ranch. Petitioner Stull Ranches had requested that the high court review and reverse a 2014...
Developing federal lands in the Northern Denver Julesburg Basin (“DJ Basin”), Colorado, has been a challenge for many operators active in the area because of the presence of the Pawnee National Grasslands (“PNG”), an area that has been largely off-limits to oil and...
As promised by Secretary Jewell in March, see previous post, BLM is initiating a rulemaking process-- Announcement of Proposed Rulemaking (ANPR)-- to “solicit public comments and suggestions that may be used to update the BLM’s regulations related to royalty rates,...
The Wyoming Historical Society published an interesting piece by Wyoming reporter Dustin Bleizeffer on the history of coalbed methane development in Wyoming, “Coalbed Methane: Boom, Bust and Hard Lessons.” The article covers the boom of the early years of 2000’s and...
At the end of March 2015, Montana’s U.S. Senator Jon Tester joined the Blackfeet Nation in calling on the federal government to cancel 18 existing federal oil and gas leases located in Northwestern Montana. These leases have been the focus of controversy for several...
On April 7, 2015, EPA proposed a new rule to prohibit the discharge of wastewater pollutants associated with unconventional oil and gas (“UOG”) extraction to publicly owned treatment works (“POTWs”). Given that EPA is not aware that any UOG wastewater is currently...
Now that it looks like at least four of the Republican Presidential candidates claim a Texas connection - Jeb Bush, Ted Cruz, Rand Paul, and Rick Perry - a look back at where the Texas connection to the White House began (hint: it wasn’t LBJ) is well-timed....
On March 20, 2015, after considering more than 1.5 million comments, the BLM released its much anticipated fracking rule for oil and gas wells on Federal and Indian lands. More than 90 percent of all wells, including those on Federal and Indian property, are...