While most people were watching whether the Land and Water Conservation Fund would be reauthorized in the John D. Dingell, Jr. Conservation Management, and Recreation Act (Dingell Act), a few of us were hoping the long-sought “helium fix” would at last make it across...
Public Lands
Wyoming Supreme Court Punts on Potential BLM “First in Time, First in Right” Interpretation of Competing Mineral Developers
A recent case before the Wyoming Supreme Court failed to clarify what, if any, remedies are available to conflicting developers of federal mineral rights on overlapping lands. Rather, the Court’s ruling in Berenergy Corporation v. BTU Western Resources, Inc.; School...
Tenth Circuit Finds Wyoming Statutes Concerning Data Collection on Public Lands Violate First Amendment
In what is being hailed as a victory for conservation groups, the Tenth Circuit recently held that Wyoming Statutes1 concerning data collection on public lands violate the First Amendment. The statutes at issue were passed after fifteen Wyoming ranchers settled with...
A New Order Under the New Administration: The DOI Seeks to Streamline the Federal Leasing Process
On July 6, 2017, Department of the Interior (“DOI”) Secretary Ryan Zinke signed Secretarial Order No. 3354, “Supporting and Improving the Federal Onshore Oil and Gas Leasing Program and Federal Solid Mineral Leasing Program.” In an accompanying press release,...
After Years of Planning, the Forest Service Approves Arapahoe Basin’s Ski Area Expansion (WAHOOOO!)
On March 3rd, the attorneys of Welborn Sullivan Meck & Tooley will embark on our annual ski trip to Arapahoe Basin in the White River National Forest. We look forward to the trip as a highlight of each winter season and, if we’re being honest with ourselves,...
Amended BLM Right Of Way Regulations
The Bureau of Land Management (BLM) published amended rules governing rights of way granted under Title V of the Federal Land Policy and Management Act (“FLPMA”) and under the Mineral Leasing Act (for oil or gas pipeline rights of way) on December 19, 2016, 81 Fed....
Weighing the Scales: Master Leasing Plan Aims to Balance Oil, Natural Gas and Mining with Conservation of Arches and Canyonlands National Parks
Internationally known for rugged landscapes and stunning views, the treasured Arches and Canyonlands National Parks now have a plan, that is, a Master Leasing Plan. The Bureau of Land Management (“BLM”) introduced the concept of Master Leasing Plans (“MLPs”) as...
With $646 Billion In Annual Spending, The Outdoor Recreation Industry Has Caught The Eye Of The Hill
Private groups estimate that the outdoor recreation industry generates $646 billion in consumer spending each year and supports 6.1 million jobs—more than pharmaceuticals and motor vehicles and parts combined (see chart below). Yet, policy makers have been left in the...
Bears Ears . . . What Does it All Mean?
Last week, Natural Resources Chairman Rob Bishop (R-Utah), formally introduced his revamped House Bill, the Public Lands Initiative, which seeks to designate millions of acres of proposed Wilderness, establish large motorized recreation areas, and expedite the...
BLM Fracking Rule Dead—For Now
It was an interesting week for BLM’s hydraulic fracturing rule first finalized and then immediately challenged on March 26, 2015. On Monday (June 20, 2016), the BLM filed its final brief in the Tenth Circuit arguing that the Wyoming Federal District Court erred when...
Ski Area Water Rights: Federal Water “Grab” Resolved?
The United States Forest Service (“Forest Service”) manages 193 million acres of public lands that provide 20 percent of the nation’s clean water supply worth an estimated $7.2 billion per year. Management of public lands by the Forest Service includes issuance of...
BLM Proposes “Planning 2.0” Rules
On February 11, 2016, the Bureau of Land Management (“BLM”) announced significant proposed amendments to its land use planning rules as a part of its Planning 2.0 initiative. The stated goals of the proposed rules are to: (1) improve the BLM’s ability to respond to...