Congress

 

Senate

 

Senate Easily Confirms USDA Deputy Secretary Nominee — “The Senate confirmed Xochitl Torres Small on Tuesday to be the Department of Agriculture’s No. 2 official, giving the former Democratic House lawmaker a promotion from her previous role as undersecretary for rural development. The vote was 84-8. As deputy secretary, Torres Small will act as chief operating officer across the USDA’s many programs, from farm supports to rural water and electric systems to low-income nutrition programs that constitute most of the department’s spending. She takes over for Jewel Bronaugh, who left the post several months ago to devote more time to family. Torres Small has had broad support from members of both parties and cleared the Agriculture Committee with no opposition. She’s a granddaughter of farmworkers and was endorsed by a wide variety of farm groups and the National Association of State Departments of Agriculture.” [E&E News, 7/11/23 (=)]

 

House

 

House Republicans To Release Interior-EPA Spending Bill — “House Republicans plan to release their Interior-EPA spending bill on Wednesday afternoon, with a subcommittee markup set for Thursday. President Joe Biden proposed $12 billion for EPA, a 19 percent increase, and $18.1 billion for the Interior Department, also a 19 percent hike. The White House budget also included more than 17,000 full-time equivalent EPA staff — an increase of 1,961 above this year. But the House GOP plan, led by Interior and Environment Appropriations Subcommittee Chair Mike Simpson (R-Idaho), will likely ignore Biden’s request and seek deep reductions and some policy riders. That’s despite the debt ceiling deal, codified in the Fiscal Responsibility Act, calling for roughly level spending for fiscal 2024 and a small increase for fiscal 2025. House Republicans have been clawing back already approved spending to pad new bills, but members of the far-right Freedom Caucus have vowed to vote down such bills.” [E&E News, 7/11/23 (=)]

 

House GOP Drafting New Version Of Long-Sought Wildlife Bill — “House Republicans are working to craft a bill as an alternative to the ‘Recovering America’s Wildlife Act,’ which lawmakers failed to pass last year despite strong bipartisan support. ‘One of the biggest changes I plan to make to the original RAWA is emphasizing the importance of wildlife habitat,’ said House Natural Resources Chair Bruce Westerman (R-Ark.) in a statement to E&E News. ‘It’s not enough to just spend money on species restoration; we simultaneously need to examine habitats across the U.S. and ensure they are optimized for all wildlife to thrive,’ he said. ‘These are the kinds of long-term solutions needed to complete the whole picture, not just provide temporary fixes.’ A spokesperson for Westerman said Republican committee members are still working on the bill. It’s not yet clear when it will be introduced.” [E&E News, 7/12/23 (=)]

 

 

Department of the Interior (DOI)

 

Bureau of Land Management (BLM)

 

Biden Administration Public Lands Policies Could Include Reform Of 1872 Mining Law — “The Biden administration has pushed for reforms in public lands, renewable energy policy and oil and gas drilling — and more changes could be coming soon. The administration wants to expedite renewable energy projects on public lands, such as a proposed solar facility in western Maricopa County recently announced by the Bureau of Land Management. Aaron Weiss, of the Center for Western Priorities, says a working group on mining reform could soon come out with its recommendations, which could mark another important policy reform for the administration. ‘I would assume that any working group looking at the state of hard rock mining in America will come to the conclusion that we have to start by reforming the 1872 mining law,’ Weiss said. He says the search for minerals used in electric vehicles, such as a proposed manganese mine in southern Arizona, could usher in new mining conflicts.” [Governing, 7/11/23 (+)]

 

Boise State Public Radio | Analysis: Most Commenters Favor BLM’s Proposed Public Lands Rule — “The comment period for the Bureau of Land Management’s proposed public lands rule ended last week, and tens of thousands took the time to weigh in. Congress tasked the BLM with managing millions of acres of public land for a number of uses – like energy development, livestock grazing and recreation. The agency says the new rule would put conservation on equal footing with other uses. Among other measures, it would create conservation leases, a new tool that would allow applicants to carry out restoration or mitigation projects. More than 216,000 people commented over the last three months. ‘It was a stunningly large response,’ said Deputy Director Aaron Weiss of the Center for Western Priorities, a public lands advocacy group that supports the rule. ‘Considering this is, at the end of the day, a fairly technical rulemaking regarding how the Bureau of Land Management does its job in the West.’ The group analyzed a sizable, randomized selection of responses and found that over 90 percent of them supported the BLM proposal. The others were opposed, neutral or mixed. Weiss says the message from most of those who commented was clear: They either want the rule to be adopted as proposed – or for the BLM ‘to strengthen the conservation measures in it.’” [Aspen Public Radio, 7/10/23 (+)]

 

LTE: Congressional Representatives Oppose BLM Conservation Of Public Resources — According to Roger McManus, “Re: the June 18 article ‘Congress Arizonans spar over BLM plan.’ … As noted by the Star article, Arizona Rep. Paul Gosar is deeply offended by a proposal to ensure conservation of our natural resources, but many of us would be happy to accept his call to have ‘Arizonans’ join him in a meeting with BLM. All Americans deserve to have our natural resources on our public lands managed for conservation and sustainable use for present and future generations. That would be a great future for Arizona and our country. Who profits from opposing effective, stewardship and conservation of our natural resources by a federal agency responsible to all Americans for our shared resources? That is what this opposition to the new BLM proposal is all about.” [Arizona Daily Star, 7/11/23 (+)]

 

Bureau of Ocean Energy Management (BOEM)

 

Dems Urge More White House Leadership On Offshore Wind — “Democratic senators from Atlantic states are urging the White House to bolster leadership of offshore wind development to smooth lingering conflicts among the federal agencies responsible for the country’s oceans. Sens. Chris Van Hollen of Maryland and Sheldon Whitehouse of Rhode Island joined several other East Coast lawmakers in a Friday letter advising President Joe Biden to designate a policy lead from the White House to help achieve offshore wind targets like installing 30 gigawatts by 2030. ‘Meeting these goals requires a coordinated strategy to resolve conflicts between agencies and maximize the availability of leasing,’ they wrote. ‘We urge you to designate a policy lead who can work to resolve existing use conflicts and ensure that projects remain viable and on track.’ The letter — also signed by Maryland’s Ben Cardin, Delaware’s Tom Carper, Virginia’s Tim Kaine and Mark Warner, and Massachusetts’ Ed Markey and Elizabeth Warren — comes as the Bureau of Ocean Energy Management (BOEM) is narrowing down areas for potential lease in deep waters off the central Atlantic that could support projects and businesses in several states, like North Carolina, Virginia and New Jersey.” [E&E News, 7/11/23 (=)]

 

 

Courts & Legal

 

Mountain Valley Pipeline Developer May Appeal Halt Ruling To Supreme Court — “The company developing the Mountain Valley Pipeline said on Tuesday it would consider going to the Supreme Court to challenge an appeals court ruling halting construction work on the controversial project. Details: Equitrans Midstream, the company developing the pipeline, in a statement said the U.S. Court of Appeals for the 4th Circuit ‘exceeded its authority’ when it issued a surprise order on Monday to the company to refrain from constructing a three-mile length of the pipeline in the Jefferson National Forest. ‘We are evaluating all legal options, which include filing an emergency appeal to the U.S. Supreme Court,’ Equitrans said in its statement. ‘Unless this decision is promptly reversed, it would jeopardize Mountain Valley’s ability to complete construction by year-end 2023.’ The Biden administration is asking the court to dismiss the case that environmental groups have brought against the pipeline challenging the constitutionality of Congress directing federal agencies to approve its permits in the Fiscal Responsibility Act, commonly referred to as the debt ceiling law, earlier this year. But even if the Supreme Court eventually heard the case and ruled against the environmental groups challenging the project, it would further delay a project that is already years behind schedule, analysts at ClearView Energy said in a Monday flash note to clients.” [Politico, 7/11/23 (=)]

 

Mountain Valley Pipeline Construction Blocked By Fourth Circuit — “Construction of a portion of the Mountain Valley Pipeline in Virginia’s Jefferson National Forest was temporarily blocked by the Fourth Circuit on Monday pending an environmental group’s petition to review the Bureau of Land Management’s decision granting a permit to the controversial energy infrastructure project. It’s unclear whether the panel has the authority to block construction after Congress authorized project permits and explicitly limited judicial review as part of debt limit negotiations last month. Mountain Valley Pipeline’s developers and several government agencies opposed the Wilderness Society’s motion to stay construction, arguing the court lacked jurisdiction as a result of Congress’s ratification of the project in the Fiscal Responsibility Act of 2023.” [Bloomberg Law, 7/11/23 (=)]

 

Mountain Valley Pipeline Backers Threaten Supreme Court Fight — “The lead developer of the Mountain Valley pipeline could seek help from the Supreme Court to undo a Monday order that froze construction of the project through a national forest in Virginia and West Virginia. In a statement, Equitrans Midstream Corp. said it believed the 4th U.S. Circuit Court of Appeals overstepped its authority when it issued a brief order Monday temporarily halting construction through 3.5 miles of the Jefferson National Forest. The court on Tuesday morning blocked a second federal permit for the natural gas pipeline. ‘We are evaluating all legal options, which include filing an emergency appeal to the U.S. Supreme Court,’ the company said. ‘Unless this decision is promptly reversed, it would jeopardize Mountain Valley’s ability to complete construction by year end 2023.’ Natalie Cox, a spokesperson for the Mountain Valley project, said the developers are ‘beyond disappointed’ by the 4th Circuit’s two orders.” [E&E News, 7/11/23 (=)]

 

Manchin-Backed Mountain Valley Pipeline Stopped By Federal Court Despite Congressional Order — “A federal appeals court has once again halted construction on the Mountain Valley Pipeline being built through Virginia and West Virginia, despite Congress recently passing legislation ordering all necessary permits to be issued. The stay issued by the 4th Circuit Court of Appeals in Richmond Monday comes after the law passed by Congress last month — which was part of the bipartisan bill to raise the debt ceiling — also stripped the court of its jurisdiction over the matter. ‘The law passed by Congress & signed by POTUS is clear -- the 4th Circuit no longer has jurisdiction over MVP’s construction permits,’ Sen. Joe Manchin, D-W.Va, a supporter of the project, tweeted Monday about the ruling. ‘This new order halting construction is unlawful, & regardless of your position on MVP, it should alarm every American when a court ignores the law.” [Fox Business, 7/11/23 (-)]

 

Congress Thought It Cleared The Path For The Mountain Valley Pipeline. But The Fight’s Not Over Yet. — “A swipe of the pen from Congress aimed to clear nearly all legal and regulatory hurdles for the embattled Mountain Valley Pipeline, but it still faces a myriad of court challenges as it seeks to further expand into the Appalachian region. Under the congressional deal to raise the debt ceiling, lawmakers such as West Virginia Democrat Joe Manchin attempted to free the natural gas pipeline from its remaining regulatory barriers by directing federal agencies to approve its outstanding permits. The effort was designed to guarantee the pipeline’s completion and there were early signs of its success. In June, FERC issued a sweeping order greenlighting all remaining construction on the main stem of the project because of the language in the Fiscal Responsibility Act, the debt ceiling law.” [Politico, 7/11/23 (=)]

 

Court Orders Mountain Valley Pipeline Construction To Halt In National Forest — “Dive Brief: A federal appeals court on Monday ordered construction to stop on the Mountain Valley Pipeline in the Jefferson National Forest in Virginia while it reviews environmental groups’ most recent challenge to the controversial methane gas project. The lawsuit, filed by The Wilderness Society, argues that Congress violated the separation of powers doctrine when it passed a law in May expediting the $6.6 billion project’s completion. The stay affects a roughly 3-mile stretch of the 300-mile pipeline. The federal debt ceiling agreement, the Fiscal Responsibility Act of 2023, included language to issue all remaining permits for the pipeline and strip the 4th U.S. Circuit Court of Appeals of its jurisdiction to hear legal challenges of the approvals. The three-judge panel on the 4th Circuit has previously rejected permits for the project.” [Utility Dive, 7/11/23 (=)]

 

 

States & Local

 

California

 

Anger Builds After Controlled Burn Badly Damages California Sequoias — “They are called ‘the Orphans’ and they have stood side by side in what is now Calaveras Big Trees State Park for more than five centuries. But today, fans of the giant sequioas fear that one of the towering duo may soon perish after a prescribed fire that was intended to protect them, but instead roasted the trees’ massive trunks and killed most of their canopies. The burn — and the extensive damage it inflicted on the beloved sequoias — has tapped a deep vein of anger and fear in this Northern California mountain community, where the worry over catastrophic wildfire has grown steadily over the last decade. It has also served to undermine local confidence in how state parks officials perform controlled burns — one of the key tools for reducing the severity of wildfires in an era of extreme drought and climate change. ‘The serious damage done to these ancient trees was a wake-up call,’ said Arnold resident Marcie Powers.” [Los Angeles Times, 7/12/23 (=)]

 

Colorado

 

Op-Ed: Prioritize The Public Good Over Private Profit On Public Lands —According to Ciara Faber, “As mothers, we understand, at the most profound level, the benefits of balance. Every day we strive to achieve it. For us, sustainability isn’t just a goal, it’s a foundational requirement. Without it, without the measured flow between give and take, everything crumbles. The growth, happiness, and health of our families depend on our, and our partners’, commitment to endurability and careful cultivation. From infancy, well into adulthood, the work of a mother is lifelong, and its effects ripple beyond ourselves. The same is true for Mother Earth. We occupy the spaces of nature much like the members of a family. We are charged with conserving and protecting those spaces, of finding a foundational balance in our roles. From these public lands, we are expected to embrace that flow of give and take so that the entire family is sustainable, durable, and poised to support the future generations. … This plan recognizes the accelerating threats to public lands from wildfires, catastrophic weather events, and severe droughts and the need to build resiliency in these spaces. Released on March 30, the BLM then took public comments on the plan until July 5. Thanks to a report just released by the Center for Western Priorities we know that more than 150,000 comments were submitted and over 90% of the comments encourage the Interior Department to adopt or strengthen the Public Lands Rule.” [The Conversation, 7/11/23 (+)]

 

Montana

 

Op-Ed: Federal Court Halts Illegal Logging To Save Endangered Grizzly Bears In NW Montana — According to Mike Garrity, “Thanks to a successful court challenge by the Alliance for the Wild Rockies, over 10,000 acres of grizzly bear habitat in northwestern Montana will not be decimated by commercial logging. In late June, our lawsuit in a federal district court in Montana halted a large-scale logging project in endangered grizzly bear habitat to protect the small, isolated, and imperiled Cabinet-Yaak grizzly bear population from further harm. The Ripley logging project authorized almost 17 square miles of commercial logging (10,854 acres) on publicly-owned National Forest lands, including roughly 5 square miles of clearcuts (3,223 acres). By the U.S. Forest Service’s own estimate, the project would cost federal taxpayers $643,000 to implement since receipts from the commercial timber sales do not cover the cost of the post-logging ecological remediation. The court ruled the project is illegal because the government did not analyze the cumulative impacts on grizzly bears from concurrent logging and road-building on public lands, state lands and private lands in the area. The project authorized construction of 30 miles of new logging roads and reconstruction of 93 miles of logging roads. It is well-documented that roads pose the greatest threat to grizzly bears, followed by logging and habitat removal.” [Helena Independent Record, 7/11/23 (+)]

 

Nevada

 

Enviro Groups Sue Interior Over Nevada Lithium Drilling Plan — “Conservation groups want a Nevada federal judge to block an exploratory lithium mine next to a desert oasis, arguing that federal land managers failed to account for and prevent the project’s likely harm to endangered fish and plants. The U.S. Bureau of Land Management this spring approved a 30-borehole drilling plan from Rover Minerals (USA) Inc. without making the company submit a plan of operations or subject the proposal to environmental or endangered species analysis, the groups said. Rover’s Let’s Go Lithium exploration in central Nevada is adjacent to the Ash Meadows National Wildlife Refuge, ‘one of the most unique and biologically diverse areas of the United States, and possibly the world,’ according to the complaint from the Center for Biological Diversity and Amargosa Conservancy. By Rover’s own admission, the boreholes will intersect with groundwater resources that sustain the refuge’s rare and endangered endemic species, but even with its proximity to the Ash Meadows refuge, the BLM did not require Rover to submit a plan to prevent or mitigate environmental damage, the groups said.” [Law360, 7/10/23 (=)]

 

Las Vegas Review-Journal | A Mining Company Is Hunting For Lithium — Right On The Edge Of Wildlife Refuge — “The modern-day gold rush in the race to a greener economy is knocking on the door of a long-protected oasis in the middle of the Nevada desert. Rover Metals, a Canadian minerals exploration company, plans to drill up to 30 deep holes in a remote patch of public land in southern Nye County as it hunts for large deposits of lithium, a key mineral in the production of electric vehicle batteries. But the boundary of the project sits just a few thousand feet from the northern springs inside Ash Meadows National Wildlife Refuge, sparking backlash from environmentalists, local officials and more who are sounding alarms over worries that the drilling could decimate the refuge’s fragile ecosystem and the federally protected species that call it home. ‘It takes one miscalculation, one bad drill hole, one uncontrolled flow. That’s all. And that could have permanent, irreparable damage,’ said Mason Voehl, executive director of the Amargosa Conservancy, a local environmental preservation group helping lead the charge against Rover’s drilling.” [The Brunswick News, 7/11/23 (=)]

 

Amargosa Valley Lithium Proposal Sparks Lawsuit — “The search for lithium has found its way to a treasured corner of the Nevada desert, resulting in a lawsuit by conservation groups who say further mining exploration could endanger a trove of species found nowhere else in the world. Rover Metals, a Canadian mining exploration company, has proposed drilling up to 30 exploratory boreholes on public lands just north of the Ash Meadows National Wildlife Refuge, a critical wetland habitat that supports a dozen endangered and threatened species. The company says it has verified high-grade lithium surface samples at its 6,000-acre project site and plans to drill a minimum of ten exploratory boreholes. Work on the exploratory project could begin within weeks or even days according to a schedule outlined recently by Rover Metals CEO Judson Culter while announcing financing for the company’s Let’s Go Lithium project in Nevada.” [Nevada Current, 7/10/23 (=)]

 

Fossil Discovery Could Complicate Nevada Solar Project — “A proposed green energy project in a southern Nevada solar energy hot spot is the latest to face questions about potential impacts of development to priceless fossil resources. At issue is the Golden Currant Solar Project, proposed by a subsidiary of Oakland, Calif.-based Primergy Solar LLC. The proposed 400-megawatt solar project in Clark County, about 40 miles west of Las Vegas, would be built within 4,456 acres of BLM lands. BLM in April announced it was starting an EIS for the project. But Laura Cunningham, a co-founder of the Nevada group Basin and Range Watch, said last month she found a fossilized woolly mammoth tooth on the site of the proposed project. The mammoth tooth remains partly buried on the site. Basin and Range Watch says the discovery was verified by a University of Nevada, Las Vegas, paleontologist as likely that of a mammoth tooth.” [E&E News, 7/11/23 (=)]

 

Stakes Are High In States When Lithium Mining And Wildlife Meet — “The modern-day gold rush in the race to a greener economy is knocking on the door of a long-protected oasis in the middle of the Nevada desert. Rover Metals, a Canadian minerals exploration company, plans to drill up to 30 deep holes in a remote patch of public land in southern Nye County as it hunts for large deposits of lithium, a key mineral in the production of electric vehicle batteries. But the boundary of the project sits just a few thousand feet from the northern springs inside Ash Meadows National Wildlife Refuge, sparking backlash from environmentalists, local officials and more who are sounding alarms over worries that the drilling could decimate the refuge’s fragile ecosystem and the federally protected species that call it home.” [Governing, 7/11/23 (=)]

 

Oklahoma

 

Along The Banks Of An Arkansas River, A New Partnership Aimed At Preserving Cherokee Plants Blooms — “Keen eyes and a nose for history allow John Ross to see what others might overlook. Ross, a member of the Cherokee Nation Medicine Keepers, is well acquainted with this land and its treasures. He’s expertly able to navigate forests, fields and riverbeds to help preserve the flora Cherokee people have used for decades to soothe ailments, produce nourishing food and craft materials. But on the reservation, many of these plants are becoming depleted from years of picking. Under a new agreement with the National Park Service, the Cherokee Nation will set aside and protect a 1,000-acre site along the banks of the Buffalo National River in Arkansas that is rich with plants and natural resources deemed historically important to tribal traditions and culture. It will allow tribe members to cultivate these plants and transplant them back to Oklahoma. ‘These are our traditions, and this is our culture,’ said Ross, 68, an enrolled citizen of the Cherokee Nation. ‘To keep these skills alive — and to expand it by getting access to the land — is so exciting.’” [PBS, 7/11/23 (=)]

 

Wyoming

 

Casper Star-Tribune | First Oil & Gas Lease Sale Nets Over $14M In State — “The Bureau of Land Management’s first oil and gas lease sale in over a year netted roughly $14.7 million in Wyoming — about $1.8 million more than last year’s sale. Wyoming will receive 48% — roughly $7 million — of that revenue. While Gov. Mark Gordon applauded the lease sale in a prepared statement, he noted that it represents ‘not even a quarter of a loaf.’ ‘The fact that our producers participated to the degree they did is a credit to the Wyoming oil and gas industry,’ Gordon said in the statement. ‘Their efforts mean Wyoming will continue to provide energy for the nation, even though they do so with increasing pressure from Washington, D.C., to give up.’ Federal law requires the Bureau of Land Management to hold lease sales each year on a quarterly basis.” [Wyoming Tribune Eagle, 7/10/23 (=)]

 

BLM Oil And Gas Lease Sale In Wyoming Nets $14,776,920 — “Gov. Mark Gordon was pleased the Bureau of Land Management finally held a federally required, quarterly oil and gas lease sale in Wyoming, more than a year after the last one, but expressed his frustration in a news release last week with the flaunting of the every three month schedule and new requirements imposed. The BLM Wyoming State Office on June 30 conducted a competitive oil and gas lease sale offering 116 parcels covering 127,014.62 acres in Wyoming. In total, 67 parcels covering 69,149.39 acres sold for $14,776,920. None of the parcels in the sale were in the Big Horn Basin, unlike in some recent sales. Since January 2021, that schedule has yet to be followed. Last week the BLM held its first sale in over a year. In addition, this is the first sale conducted under new requirements, including an increased minimum bid, a nomination fee, an increased royalty rate of 16.67% and the elimination of noncompetitive leasing.” [Powell Tribune, 7/11/23 (=)]

 

State’s Complaint Against BLM Ranch Purchase Was A Waste — “Far-right Sen. Bob Ide (R-Casper) was not as keen on a compromise. He sent a May letter to the BLM’s Casper Field Office, erroneously claiming the U.S. Constitution and federal case law give the state Legislature ultimate authority to approve land transfers to the federal government. Another supposed legislative power, Ide added, was granting ‘exclusive jurisdiction’ to dictate management over lands acquired in Wyoming. Aaron Weiss, deputy director of a nonpartisan conservation and advocacy group, the Center for Western Priorities, told WyoFile that Ide’s claims are ‘hogwash.’ He could have used a more colorful Western description that involves a bull, but that one will do. ‘The states cannot tell the federal government what to do with federal land,’ Weiss said. ‘Nor do states have any standing to tell private landowners who they can or cannot sell their land to.’” [WyoFile, 7/11/23 (+)]

 

 

 

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