On February 8, 2016, the BLM published its long awaited proposed rule to control venting, flaring and leaks of natural gas from oil and gas operations on onshore Federal and Indian lands. 81 Fed. Reg. 6616. The primary purposes of the rule are to: (1) update...
Public Lands
“Keep it in the Ground” – Part II
After the President denied the Keystone XL pipeline, climate change activists have turned their attention to federal fossil fuel leasing, discussed in our recent blog post: What’s Next, Post Keystone XL? “Keep it in the Ground!”. The “Keep it in the Ground”...
What’s Next, Post Keystone XL? “Keep it in the Ground!”
With the rejection of the Keystone XL pipeline by President Obama as part of the Administration’s “package” of climate change actions to deliver to the UN Conference on Climate Change in December, activists and their political allies have turned to the next...
Finally – A Policy to Streamline the BLM Communization Agreement Process – IM 2015-124
Dated and effective July 17, 2015, the Bureau of Land Management (“BLM”) issued Instruction Memorandum 2015-124 (“IM-2015-124”). This BLM guidance significantly changes the way federal Communization Agreements (“CAs”) are administered and, for the most part,...
Monument Making and the Presidency
Like presidents before him, President Obama is using the 1906 Antiquities Act, 16 U.S.C. § 431-433, as part of his presidential legacy. In September, 2014, Obama exercised this authority for the 12th time and expanded a national monument, created by his predecessor...
Western Energy Alliance and IPAA Move to Enjoin New BLM Fracking Rule
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...
Utah Law Copied by More Western States Attempting to Take Control of Federal Land
Utah’s Transfer of Public Lands Act (“TPLA”) demands that the federal government “extinguish” its title to more than 30 million acres of federal public lands by December 31, 2014. Utah Code Ann. § 63L-6-101 et seq. (2012). When the law was enacted in 2012, former...
At Last: A Federal Oil and Gas Lease Sale in the Pawnee National Grasslands
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...
BLM Begins Regulatory Process to Increase Oil and Gas Royalties, Rentals, Minimum Bids, Bonding and Penalties
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
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...
United States Senate Passes Amendment “Supporting” Transfer of Public Lands to States
Last week, the United States Senate passed a largely symbolic budget amendment sponsored by Alaska Senator Lisa Murkowski (chair of the Senate Energy and Natural Resources Committee) that “supports” the idea of selling, transferring or trading federally-managed public...
New BLM Fracking Rule
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...









