Public Lands Clips: January 18, 2024

 

 

House

 

House Committee Passes Energy, Outdoor Recreation Bills — “The House Natural Resources Committee approved legislation Wednesday to address Republican concerns about energy poverty, in addition to a major outdoor recreation package and a bipartisan geothermal permitting bill. Wyoming Republican Rep. Harriet Hageman’s ‘Energy Poverty Prevention and Accountability Act,’ H.R. 5482, would require federal agencies to publish studies on potential increases in home heating, electricity or gas prices before finalizing any energy policy. The legislation would also mandate those studies on all existing energy policies. The committee passed the bill 18-17 along party lines. ‘This bill is about transparency. It’s about the federal government doing its part to let the American people know just exactly what federal rules and regulations mean to them,’ said Hageman. ‘America must have accessible and affordable energy, and coal, oil and gas, and uranium are three of the most important resources we have to meet our demands,’ she added.” [E&E News, 1/17/24 (+)]

 

 

 

Poarch Band Of Creek Indians Welcomes U.S. Secretary Of The Interior Deb Haaland — “On Monday, the Poarch Band of Creek Indians welcomed U.S. Secretary of the Interior Deb Haaland, the first Native American to ever hold the position, to their Atmore reservation. Stephanie A. Bryan, Poarch Band of Creek Indians Chair and CEO, praised Haaland’s efforts in connecting Native American tribes with the federal government and called it a privilege to work with her. ‘Secretary Haaland has been a tireless advocate for Tribes throughout her years of service to our country, both as the Secretary of the Interior and as a Member of Congress’, said Bryan. ‘She truly understands how critically important it is for us, as an independent, sovereign Indian nation, to maintain a strong government-to-government relationship with the United States.’” [Yellowhammer News, 1/17/24 (=)]

 

Rep. Sewell Welcomes Interior Secretary Deb Haaland To Birmingham — “On Tuesday, U.S. Rep. Terri Sewell, AL-07, welcomed U.S. Secretary of the Interior Deb Haaland to Birmingham for Martin Luther King Jr. Day. While there, they visited the 16th Street Baptist Church, the A.G. Gaston Motel, and the Birmingham Civil Rights Institute. ‘We in Alabama’s 7th Congressional District benefit tremendously from funding and support from the Department of the Interior to preserve and protect our rich Civil Rights legacy,’ said Rep. Sewell. ‘We are so grateful that Secretary Haaland has joined us as we celebrate Dr. King’s life and rededicate ourselves to the causes for which he fought.’” [Alabama Political Reporter, 1/17/24 (=)]

 

Bureau of Land Management (BLM)

 

BLM Plan Aims To Dramatically Expand Western Solar — “The Bureau of Land Management on Wednesday took a major step toward boosting the rollout of utility-scale solar power on federal lands across the West. BLM released a proposed update to its Western Solar Plan, adopted during the Obama administration in 2012, that would add 5.4 million acres in Idaho, Montana, Oregon, Washington state and Wyoming to the list of federal lands that the bureau has evaluated and deemed suitable for commercial-scale solar development applications. Projects proposed within these priority areas — all of which would be within 10 miles of existing or planned transmission lines that have a capacity to carry at least 100 kilovolts of electricity — would be subject to a streamlined permitting process because the bureau has determined they have high solar power potential and minimal conflicts with wildlife and plants. What’s more, the ‘preferred alternative’ in the draft programmatic environmental impact statement that analyzes the updated plan would remove 19 million acres of so-called variance areas in the 2012 plans, where the bureau had determined solar projects could be permitted with additional study or mitigation measures, and group them in the areas open for project applications.” [E&E News, 1/17/24 (+)]

 

Interior Seeks To Expand Solar Development In Western States — “The Biden administration wants to open 22 million acres for solar energy development across 11 states, proposing the first update in 12 years to a resource planning road map. The preferred alternative for the Interior Department would be to open up the acreage that represents high solar potential and low resource conflict, the agency announced Wednesday. The agency’s preference would add Idaho, Montana, Oregon, Washington, and Wyoming to what it calls the Western Solar Plan. The original 2012 plan included about the same amount of acreage covering the states of Arizona, California, Colorado, Nevada, New Mexico, and Utah.” [Bloomberg Law, 1/17/24 (=)]

 

Interior Expands Western Solar Plan To Include Five Additional States — “The Biden administration expanded its proposed solar development plan for public lands in the West on Wednesday, a step officials said is crucial to delivering on President Joe Biden’s goal of reaching a 100% emissions-free power grid by 2035. The new proposal is an update to the Bureau of Land Management’s 2012 Western Solar Plan. That Obama-era plan identified federal acres across six Western states — Arizona, California, Colorado, Nevada, New Mexico, and Utah — that had high development potential for utility-scale solar power. Now, aided by $4.3 million in funds from the Inflation Reduction Act, BLM announced it has refined the existing areas and added land in five additional states: Idaho, Montana, Oregon, Washington, and Wyoming. Speaking to reporters Wednesday, BLM said it worked with the Department of Energy’s National Renewable Energy Laboratory to estimate the land needed for it to meet Biden’s clean energy goals.” [The Denver Gazette, 1/17/24 (+)]

 

Biden Unveils Ambitious Solar Plan For The West — “A new roadmap released Wednesday by the Biden administration spells out a plan to bring a significant amount of solar resources to the West to meet his goal of a 100% clean energy grid by 2030. The Bureau of Land Management also announced the next steps on several renewable projects in Arizona, California and Nevada, representing more than 1,700 megawatts of potential solar generation and 1,300 megawatts of potential battery storage capacity. ‘The Interior Department’s work to responsibly and quickly develop renewable energy projects is crucial to achieving the Biden-Harris administration’s goal of a carbon pollution-free power sector by 2035 — and this updated solar roadmap will help us get there in more states and on more lands across the West,’ said Acting Deputy Secretary Laura Daniel-Davis. ‘Through historic investments from President Biden’s Investing in America agenda, the Interior Department is helping build modern, resilient climate infrastructure that protects.’” [Deseret News, 1/17/24 (+)]

 

U.S. Government Proposes Expanded Solar Plan To Include More States In The West — “The U.S. government on Wednesday proposed sweeping changes designed to promote solar energy development across the West. Interior Department and Bureau of Land Management officials said the new rules will help the Biden administration fulfill its goal of a clean electrical grid by 2035. ‘This new Western solar plan will expand solar energy production in more Western states and streamline siting and permitting on America’s public lands. This is a big deal,’ said Acting Deputy Interior Secretary Laura Daniel-Davis. Known as the Western Solar Plan, it’s intended to identify areas in the West with high solar potential and lower conflicts to be attractive to solar developers. It expands those into other areas of the West such as Idaho and Montana. Federal land managers propose making 22 million acres of land available for solar power.” [Fronteras, 1/17/24 (+)]

 

Interior Department Adds Six States To Western Solar-Development Plan — “The Bureau of Land Management (BLM) on Wednesday announced an update to its 2012 plan for solar power development in the western U.S., adding five states to the original six. The original plan identified prime areas for solar development in Arizona, California, Colorado, Nevada, New Mexico and Utah. The BLM on Wednesday updated and finetuned its analyses and added Idaho, Montana, Oregon, Washington and Wyoming to the plan. The Interior Department used $4.3 million in Inflation Reduction Act funds for the update. The BLM projected about 700,000 acres of public lands will be necessary to meet the U.S.’s expected renewable energy needs, while the preferred BLM alternative of the six outlined in the updated plan would free up about 22 million acres. Meanwhile, the BLM is also processing some 67 onshore renewable energy projects on public lands across the west, a combination of wind, solar and geothermal that together could potentially add nearly 37 gigawatts to the grid. The Biden administration has set a target of a fully renewable grid by 2035. In addition to the updates and the additional states, the BLM noted that Nevada is advancing four solar power proposals, while California is set to take the first steps on a 44-megawatt photovoltaic solar facility and Arizona has completed a 179-megawatt photovoltaic project on private land.” [The Hill, 1/17/24 (+)]

 

Biden Administration Proposes Expansive Solar Power Development On Federal Lands — “Details of the Proposed Plan The recent update to the policy from when Obama was president aims at 22 million acres in 11 states out West. These areas are perfect for solar power creation. The new policy updates the Bureau of Land Management’s old Western Solar Plan to account for better technology, the rising need for green power, and more interest in building solar setups in states up North. Important parts of this updated plan: It Now Covers More States: The plan’s reach has grown to include Idaho, Montana, Oregon, Washington, and Wyoming. These join the original states of Arizona, California, Colorado, Nevada, New Mexico, and Utah. Puts Focus on Easy-to-Reach Lands: The priority goes to lands close by—within 10 miles of—current or future power lines, which makes development smoother. Keeps Sensitive Spots Off-Limits: For the sake of wildlife, fun spots for outdoor activities, historical locations, and really old forests, about 126 million acres won’t be used for development. Public Land Set Aside: They think around 700,000 acres of land everyone shares will be used for solar energy over the next two decades.” [Microgrid Media, 1/17/24 (+)]

 

Feds Release Updated Plan To Guide Significant Solar Development In The West — “Anywhere from 1.6 million to more than 18.3 million acres of land in Nevada have been identified as possible locations for large-scale solar development, according to a draft of a federal plan released Wednesday. Six alternatives are outlined in the Bureau of Land Management’s (BLM) draft of its Western Solar Plan, a document guiding the siting of solar projects in the West, each earmarking different acreages that could be developed for utility-scale solar projects. The plan is critical to Nevada, which lacks a statewide strategy to guide renewable energy development across the state’s 70.2 million acres. The BLM manages 48 million acres of land in the state, and, depending on which of the six options is selected, could open up more than 38 percent of that land to possible development. Currently, about 15 percent of the state land administered by the BLM is potentially open to solar development. ‘If even a small fraction of that got built, it would be the most dramatic transformation of desert public lands since European colonization,’ according to Patrick Donnelly, Great Basin director at the Center for Biological Diversity.” [The Nevada Independent, 1/17/24 (+)]

 

Interior Releases New Roadmap For Western Solar Development — “Solar plan: Interior’s draft analysis of its so-called Western Solar Plan, which is open for a 90-day comment period, is an update of the 2012 plan released under the Obama administration that had identified areas in Arizona, California, Colorado, Nevada, New Mexico and Utah for solar development. The new plan expands the analysis to include areas in Idaho, Montana, Oregon, Washington and Wyoming. BLM said it worked with the Energy Department’s National Renewable Energy Laboratory and Argonne National Laboratory to model national clean energy needs over the next two decades. It determined that approximately 700,000 acres of public lands would be needed to meet those targets. The draft analysis evaluates six alternatives for solar development on public lands under different criteria, including, for instance, variations in transmission infrastructure or designated critical habitats. BLM’s preferred alternative would make about 22 million acres of land available for solar applications. Daniel-Davis said the existing and the new proposal both make about the same acreage available for projects, but she added that the updated plan would exclude variance areas included under the 2012 plan.” [Politico, 1/17/24 (+)]

 

US Government Identifies 22 Million Acres For Solar In Western States — “The US Bureau of Land Management (BLM) has released a draft analysis of the Utility-Scale Solar Energy Programmatic Environmental Impact Statement (PEIS), also known as the Western Solar Plan. It is designed to guide responsible solar development on public lands. First published in 2012, the plan originally identified areas in Arizona, California, Colorado, Nevada, New Mexico and Utah with high solar potential and low resource conflicts. The new document refines the analysis in the original six states and expands it to include Idaho, Montana, Oregon, Washington and Wyoming. It identifies 22 million acres across the 11 states that are best suited for solar development. The document calls for solar development to be focused on areas with fewer sensitive resources, less conflict with other uses of public lands, and close proximity to transmission lines, having identified 200,000 acres of land near existing transmission infrastructure.” [PV Magazine, 1/18/24 (+)]

 

US Unveils Solar Energy Plan For Western Public Lands — “The Biden administration on Wednesday unveiled a proposal for solar energy projects on federal lands that identifies 22 million acres in 11 western states best suited for development. The announcement is part of the Interior Department’s push to site more renewable energy facilities on federal lands, a cornerstone of President Joe Biden’s goal to decarbonize the U.S. electricity grid by 2035 and combat climate change. The draft plan published on Wednesday would update an Obama-era policy that established special zones for solar projects in six states - Arizona, California, Colorado, Nevada, New Mexico and Utah. Interior said changes to the Bureau of Land Management’s (BLM) 11-year-old Western Solar Plan were necessary due to advances in technology, soaring demand for renewable energy and increased interest in solar development in northern states.” [Reuters, 1/17/24 (+)]

 

Feds Update Solar Development Roadmap In West — “The Department of the Interior is proposing to designate 22 million acres of public land in the West as suitable for solar development.” [RTO Insider, 1/17/24 (=)]

 

BLM Unveils Ambitious Renewable Energy Plans: Over 1,700 MW Solar And 1,300 MW Battery Storage Across Arizona, California, And Nevada — “The Department of the Interior has announced a comprehensive roadmap for solar energy development across Western states, with the objective of fostering solar production expansion and streamlining renewable energy siting and permitting on public lands in the U.S. The Bureau of Land Management (BLM) has also revealed significant progress on various renewable energy projects in Arizona, California, and Nevada, showcasing the nation’s commitment to clean energy goals. This initiative aligns with President Biden’s Investing in America agenda, a cornerstone of Bidenomics, which prioritizes accelerating the clean energy and transmission buildout to reduce energy costs, address climate challenges, create jobs, and achieve a 100 percent clean electricity grid by 2035.” [Solar Quarter, 1/18/24 (+)]

 

Interior Expands Western Solar Plan To Include Five Additional States — “The Biden administration expanded its proposed solar development plan for public lands in the West on Wednesday, a step officials said is crucial to delivering on President Joe Biden’s goal of reaching a 100% emissions-free power grid by 2035. The new proposal is an update to the Bureau of Land Management’s 2012 Western Solar Plan. That Obama-era plan identified federal acres across six Western states — Arizona, California, Colorado, Nevada, New Mexico, and Utah — that had high development potential for utility-scale solar power. Now, aided by $4.3 million in funds from the Inflation Reduction Act, BLM announced it has refined the existing areas and added land in five additional states: Idaho, Montana, Oregon, Washington, and Wyoming. Speaking to reporters Wednesday, BLM said it worked with the Department of Energy’s National Renewable Energy Laboratory to estimate the land needed for it to meet Biden’s clean energy goals.” [Washington Examiner, 1/17/24 (+)]

 

Lawsuits Spur BLM To Amend Management Plan — “The Bureau of Land Management (BLM) is seeking public comment on changes to its Uncompahgre Field Office resource management plan, which was adopted in 2020. The plan covers close to 680,000 acres of public lands and nearly 1 million acres of mineral rights in western Colorado — including the northwest portion of Gunnison County. A resource management plan (RMP), which is typically in place for anywhere between 10 to 20 years, dictates how BLM lands are used and what is allowed in certain areas — such as mining, types of recreation and livestock grazing. Local residents often help direct these plans, while state, county and local governments serve as ‘cooperating agencies.’ The scope of the Uncompahgre plan includes public lands in Delta, Gunnison, Mesa, Montrose, Ouray and San Miguel counties. During the amendment process, the BLM will consider where to allow oil and gas development, how to protect the habitat of the threatened Gunnison sage-grouse and big game species (bighorn sheep, elk, mule deer and pronghorn) and manage public lands with wilderness characteristics. The public comment period ends on Feb. 20, 2024.” [Gunnison Country Times, 1/17/24 (=)]

 

Fish and Wildlife Service (FWS)

 

Feds To Draw Up Plan To Return Grizzly Bears To Idaho, Montana — “Grizzly bears could return to the Bitterroot region of Montana and Idaho, under potential plans that will now be scrutinized by the Fish and Wildlife Service. Pressed by environmentalists and a judge’s order, the federal agency announced Wednesday that it will ‘reevaluate a range of options to restore the grizzly bear’ to the area known as the Bitterroot ecosystem. The environmental impact statement will assess options that include designating an ‘experimental population’ of the grizzlies. ‘We expect that the alternatives could potentially restore a grizzly bear population to the [ecosystem] with varying success and in varying timeframes,’ the Fish and Wildlife Service stated. Underscoring the complications ahead, the FWS noted that the potential impacts include those on ‘fish and wildlife, including grizzly bears, wilderness areas, visitor use and recreational experience, public and employee safety, socioeconomics, and Tribal cultural and related resources.’” [E&E News, 1/17/24 (+)]

 

 

 

USDA Funding To Ease Application Process For Clean Energy Projects — “Indiana will soon get a dedicated person to help farmers, ranchers and other landowners apply for federal grants to help fight pollution and climate change. Last month, the U.S. Department of Agriculture announced it would hire 40 individuals as Climate Change Fellows. They will be assigned to Indiana and other states to help people apply for the Rural Energy for America Program, which has $2 billion in funding for clean-energy projects. … USDA officials said they saw a need to hire the Climate Change Fellows after seeing an increase in applications. Kirkland noted in Indiana, just one person is processing more than 60. The program is part of President Joe Biden’s Inflation Reduction Act. The funding is expected to help transform rural power production, with new energy sources through net metering and power purchase agreements. The Fellows will also work with USDA employees on climate change mitigation and adaptation efforts. Kirkland acknowledged there is much work to be done, and his office will have its Fellow for a designated time period.” [Public News Service, 1/17/24 (+)]

 

U.S. Forest Service (USFS)

 

Forest Service Pulls Right-Of-Way Permit That Would Have Allowed Construction Of Utah Oil Railroad — “The U.S. Forest Service on Wednesday withdrew its approval of a right-of-way permit that would have allowed the construction of a railroad project through about 12 miles (19 kilometers) of roadless, protected forest in northeastern Utah. The decision affecting the Ashley National Forest follows a U.S. appeals court ruling in August that struck down a critical approval involving the Uinta Basin Railway, a proposed 88-mile (142-kilometer) railroad line that would connect oil and gas producers in rural Utah to the broader rail network. It would allow them to access larger markets and ultimately sell to refineries near the Gulf of Mexico. ‘It’s a victory for the Colorado River and nearby communities that would be threatened by oil train accidents and spills, and for residents of the Gulf Coast, where billions of gallons of oil would be refined,’ said Ted Zukoski, an attorney at the Center for Biological Diversity, one of several groups that has sued over the project.” [Associated Press, 1/17/24 (=)]

 

Forest Service Withdraws Permit For Uinta Rail Project That Would Send Crude Oil Through Colorado — “The U.S. Forest Service on Wednesday, Jan. 17, withdrew a federal permit for a section of the Uinta Basin Railway Project, a key part of a proposed rail network that would pass through western Colorado to connect Utah oil fields with refineries along the Gulf Coast. If completed, the 88-mile rail route would link with freight lines that run alongside the Colorado River and cross delicate ecosystems. It has drawn lawsuits and vocal pushback from environmental groups and political opponents ranging from Eagle County commissioners and the mayor of Glenwood Springs to high-profile Democrats like U.S. Senator Michael Bennet and U.S. Rep. Joe Neguse. The Forest Service’s decision follows an August 2023 ruling from the U.S. Court of Appeals that struck down the Surface Transportation Board’s approval of the project. It only voids a 2022 permit it issued to build a new 12-mile section of railway through the Ashley National Forest in Utah.” [Colorado Public Radio, 1/17/24 (+)]

 

Forest Service Yanks Approval Of Oil Rail Line After NEPA Setback — “The Forest Service has revoked a 2022 decision that authorized a proposed rail line carrying crude to traverse a national forest in Utah, presenting a new setback for developers. Susan Eickhoff, supervisor of the Ashley National Forest, said in a letter Wednesday that she was withdrawing the approval allowing the Uinta Basin Railway project to cross 12 miles of forest system land. Eickhoff cited a court decision last year that vacated parts of an environmental analysis by the Surface Transportation Board, an independent federal agency. In an August opinion for the U.S. Court of Appeals for the District of Columbia Circuit, Judge Robert Wilkins said the court identified numerous violations of the National Environmental Policy Act in the board’s environmental impact statement — including a failure to consider potential effects on wildlife and plant species tied to increased drilling and oil train traffic. The court denied a petition last month for a rehearing of the case. The project, which would span 88 miles in total, aims to link oil producers in northeastern Utah to broader markets by connecting the Uinta Basin with the national rail network. The new line could help boost oil production by up to 350,000 barrels a day and would be operated by the Seven County Infrastructure Coalition, an organization formed in 2014.” [E&E News, 1/18/24 (+)]

 

 

 

Reuters | Supreme Court Hears Key Case That Could Strangle Power Of US Federal Agencies — “The US supreme court heard arguments on Wednesday in a dispute involving a government-run program to monitor for overfishing of herring off New England’s coast that gives its conservative majority a chance to further limit the regulatory powers of federal agencies. The justices are weighing appeals by two fishing companies of lower court rulings allowing the National Marine Fisheries Service to require commercial fishermen to help fund the program. The companies – led by New Jersey-based Loper Bright Enterprises and Rhode Island-based Relentless – have argued that Congress did not authorize the agency, part of the commerce department, to establish the program. Arguments were ongoing. The companies have asked the court, with its 6-3 conservative majority, to rein in or overturn a precedent established in 1984 that calls for judges to defer to federal agency interpretation of US laws deemed to be ambiguous, a doctrine called ‘Chevron deference’.” [The Guardian, 1/17/24 (=)]

 

U.S. Supreme Court Hears New Jersey, Rhode Island Fishing Cases Challenging Agency Powers — “The U.S. Supreme Court heard arguments Wednesday in two cases that could severely weaken the power of administrative agencies to set regulations. The cases, coming from New Jersey and Rhode Island-based herring fishing enterprises, initially challenged a Commerce Department rule requiring fishermen to pay for federal monitors aboard their boats. But the arguments Wednesday dealt almost entirely with ‘Chevron deference,’ a principle giving wide latitude to federal agencies to write regulations that the high court established in the 1984 case Chevron v. Natural Resources Defense Council. That ruling has for decades restricted federal courts from deciding questions of policy unless there is a clear breach of the law or the Constitution. Overturning Chevron would mark a radical shift in the judiciary’s role in approving regulations in a way that would make it more difficult for the federal government to enforce regulations related to the environment or other complex policy areas, advocates for the principle say.” [Maine Morning Star, 1/17/24 (+)]

 

Supreme Court Appears Ready To Erode Chevron Doctrine — “The Supreme Court appears to be seeking a way to diminish the Chevron doctrine — without completely overruling the 40-year-old legal theory that helps federal agencies defend their rules on public health, food safety and climate change. During oral arguments Wednesday morning in Relentless v. Department of Commerce, the more moderate members of the Supreme Court’s 6-3 conservative supermajority questioned why it was necessary to go as far as to overturn a legal doctrine that the high court has declined to use in nearly a decade. ‘How much of an actual question on the ground is this?’ asked Chief Justice John Roberts, noting the court’s move away from Chevron, which says judges should defer to federal agencies’ reasonable interpretation of their power under ambiguous statutes. The doctrine, established in a 1984 case that environmentalists lost, has in recent years become a point of frustration for conservative justices who see Chevron as a way to give the executive branch an unfair leg up in legal battles over their regulations.” [E&E News, 1/17/24 (=)]

 

Supreme Court Case Could Limit Executive Power On Climate, Energy — “The Supreme Court will hear arguments Wednesday morning in a case that could bring fresh constraints on federal agencies’ running room to craft energy and climate regulations. Driving the news: The justices will dive into cases challenging ‘Chevron deference’ — a longstanding precedent that gives departments broad leeway when underlying statutes are vague or silent on a topic. Why it matters: The litigation is technically about a fisheries rule, but curtailing Chevron — which the conservative majority looks primed to do — would affect far more areas of regulation. State of play: Conservatives and business groups say Chevron upsets the constitutional balance of powers, giving executive agencies authority that Congress never intended or approved. The other side: Environmental groups say nixing or weakening the precedent would block agencies from confronting evolving threats and from using technical and scientific expertise within their ranks. Catch up fast: The high court already imposed limits on regulators in 2022; a 6-3 ruling found that a far-reaching (albeit defunct) Obama-era power plant mandate violated the ‘major questions’ doctrine. That’s the idea that big, consequential regulations require clear authorization by Congress.” [Axios, 1/17/24 (+)]

 

Supreme Court Signals Openness To Curtailing Federal Regulatory Power In Potentially Major Shift — “The Supreme Court’s conservative majority appeared likely Wednesday to curtail the ability of federal agencies to regulate a host of areas that touch on American life, signaling that a 40-year-old decision characterized as a ‘bedrock’ of administrative law could be in jeopardy. The two challenges before the justices Wednesday arose from a 2020 federal regulation requiring owners of fishing vessels in the Atlantic herring fishery to pay for monitors who collect data and oversee operations while they’re at sea. But herring and the rule that gave way to the disputes were seldom mentioned during oral arguments. Instead, the justices focused on the 40-year-old legal doctrine underpinning the fight known as ‘Chevron deference,’ which requires courts to defer to an agency’s interpretation of laws passed by Congress if it is ‘reasonable.’ Critics of the framework argue it gives federal bureaucrats too much power in crafting regulations that affect major swaths of everyday life, and overturning Chevron has long been a goal of the conservative legal movement.” [CBS News, 1/17/24 (=)]

 

Supreme Court Signals It Will Claw Back Federal Agency Power — “The Supreme Court’s conservatives appeared inclined to cut back the regulatory power of federal agencies, with several justices during a pair of arguments Wednesday seeming ready to overrule a legal doctrine that has bolstered agencies’ authority for decades. Over more than three hours of argument, the justices put the Biden administration’s top Supreme Court lawyer on defense as she sought to preserve Chevron deference, which instructs courts to defer to agencies’ interpretation of federal law if it could have multiple meanings. The practice has strengthened presidential administrations’ ability to regulate wide aspects of daily life. The range of examples referenced at the arguments revealed the breadth of Chevron’s impact: artificial intelligence, cryptocurrency, environmental protections and more. Although several conservative justices railed against the precedent during Wednesday’s arguments, it remains unclear whether a majority is willing to outright overrule Chevron, which would mark a major legal victory for business and anti-regulatory interests. The court could instead narrow the doctrine’s scope without explicitly disavowing it.” [The Hill, 1/17/24 (=)]

 

High Court Leans Toward Ending Chevron Deference In Fishing Cases — “At least four conservative justices on the Supreme Court appear open -- if not eager -- to overturn the 40-year-old principle of Chevron deference, though their success hinges on whether they can convince at least one more of their colleagues to join them in striking down the doctrine that requires courts to defer to EPA and other agencies’ reasonable interpretations of vague statutory texts. During the high court’s Jan. 17 arguments in Loper Bright Enterprises, Inc. v. Raimondo and Relentless Inc. v. Department of Commerce, the two linked cases testing the doctrine, four justices -- Samuel Alito, Clarence Thomas, Brett Kavanaugh, and Neil Gorsuch -- voiced strong support for scrapping Chevron outright, variously calling it outdated, misguided or unconstitutional. In contrast to their conservative counterparts, Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson all argued forcefully for upholding Chevron with Kagan in particular calling it a ‘doctrine of humility’ that limits judges from making policy. Chief Justice John Roberts and Justice Amy Coney Barrett, widely seen as swing votes among the court’s conservatives, seemed concerned about ruling too broadly but stopped short of explicitly backing any particular path forward, though they also appeared ready at times to overturn it.” [Inside EPA, 1/17/24 (=)]

 

High Court Majority Shows No Eagerness To Overturn Chevron — “U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies’ legal interpretations in rulemaking infringes on judges’ rightful authority to decide questions of law. The U.S. Supreme Court on Wednesday is hearing oral arguments in two cases challenging precedent that favors federal agencies’ legal interpretations in rulemaking. (Nicolas Economou/NurPhoto via AP) Over about three and a half hours of oral arguments, the justices explored several avenues of legal theory in two cases brought by plaintiffs that want them to overturn or narrow the precedent set in 1984’s Chevron v. Natural Resources Defense Council, which established that federal judges must defer to agencies’ ‘reasonable’ legal interpretations of ambiguous laws in litigation over rulemaking. As the day’s arguments drew to a close, it seemed like a majority of justices might be open to restricting the use of the Chevron doctrine similarly to the way they curtailed the use of Auer deference in 2019’s Kisor v. Wilkie . Justice Amy Coney Barrett even contemplated ‘Kisorizing’ the Chevron doctrine, a term Justice Elena Kagan promptly adopted.” [Law360, 1/17/24 (=)]

 

'Chaos' Warning Resonates As Justices Mull Chevron's Fate — “A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary. The potential weakness appeared repeatedly during climactic arguments in two cases aimed at ending or eroding so-called Chevron deference, which dates to a 1984 Supreme Court decision and obligates federal judges to accept reasonable agency readings of ambiguous laws, even if those judges prefer a different reading. If deference disappears, a wave of suits would swiftly inundate courthouses nationwide and threaten ‘profound disruption,’ U.S. Solicitor General Elizabeth B. Prelogar told the justices in her opening remarks Wednesday. An immediate goal, Prelogar said, would be the undoing of past rulings that deferred to the government’s views when shooting down challenges to regulations or administrative proceedings. ‘Thousands of judicial decisions sustaining an agency’s rulemaking or adjudication as reasonable would be open to challenge,’ the solicitor general said.” [Law360, 1/17/24 (=)]

 

Conservative Justices Appear Skeptical Of Agencies’ Regulatory Power — “Members of the Supreme Court’s conservative majority seemed inclined on Wednesday to limit or even overturn a key precedent that has empowered executive agencies, threatening regulations in countless areas, including the environment, health care and consumer safety. Each side warned of devastating consequences should it lose, underscoring how the court’s decision in a highly technical case could reverberate across wide swaths of American life. Overruling the precedent, Solicitor General Elizabeth B. Prelogar told the justices, would be an ‘unwarranted shock to the legal system.’ But Justice Brett M. Kavanaugh responded that there were in fact ‘shocks to the system every four or eight years when a new administration comes in, whether it’s communications law or securities law or competition law or environmental law.’” [The New York Times, 1/17/24 (=)]

 

D.C. Circuit Hears Challenge To Federal Rule That Lets Mines Dump Unlimited Waste — “A D.C. Circuit panel heard a challenge on Tuesday to a 2003 rule that allows mining companies to claim an unlimited amount of land around a mining site for mining-related activities like chemical processing and waste dumping. The challenge, brought by a coalition of environmental organizations in 2009, centers on whether a section of the 1872 Mining Law — from which the 2003 rule derives — unambiguously limits mining companies to a single, five-acre mill site. If there is any ambiguity, the three-judge panel indicated, the court will have to defer to the Interior Department’s decision, as per the Chevron doctrine, a 40-year-old legal framework that instructs judges to defer to an agency’s interpretation in such cases. However, the Supreme Court is set to hear oral arguments regarding the doctrine on Wednesday in a challenge brought by small government idealists that may find success with the high court’s conservative majority.” [Tucson Sentinel, 1/17/24 (+)]

 

TV: The ReidOut (Audience: 1,640,471) ““>>> Today, Leonard Leo’s conservative Supreme Court heard a major case that could potentially undermine the government’s ability to make sure the air you breathe isn’t polluted, the water around you isn’t full of chemicals … This is a larger more nefarious network of groups like Koch Industries, gun manufacturers, e-cigarette companies and the Big Pharma industry who want to roll back a 40-year-old ruling that supports government regulatory power. What they really want is for the Supreme Court to reverse a 1984 decision they created something called the Chevron Difference. That’s a Supreme Court doctrine which is now precedent, something this current court doesn’t care much for where federal judges grant federal agencies latitude how to interpret legislative statutes that are vague. Judges are supposed to follow a two-part process. Examine the Congressional language and if the intent is clear the matter is settled. If the language is ambiguous, the ruling court must defer to the agency how the law should be carried out. That makes sense. Let’s defer to the experts. But that’s exactly why big business hates it. They don’t like regulation. They don’t want to put in place costly protections. Why waste money making sure you’re not drinking money when they could make more money not caring about whether you’re drinking poison. The anti-regulation argument seemed to fly with the majority of Supreme Court justices including the man seemingly hired to kill Chevron, Justice Neil Gorsuch. Gorsuch, the son of Ronald Reagan’s EPA Administrator worked to slash air and water quality regulations said Chevron deserves a tombstone. Alito, Kavanaugh shared that.” [MSNBC (MSNBC), 1/17/24 (+)]

 

5 Key Takeaways From Supreme Court's Chevron Arguments — “U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies’ interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could ‘Kisorize’ the doctrine rather than doing away with it altogether. The justices spent more than three hours questioning attorneys for New England fish companies Loper Bright Enterprises and Relentless Inc., a subsidiary of Seafreeze Fleet LLC, over their request that the court repeal its so-called Chevron deference doctrine, established in the court’s 1984 ruling in Chevron v. Natural Resources Defense Council . Reversing Chevron, or at least diminishing the power it gives regulators to impose their own statutory interpretations, has long been a goal of conservatives. The court’s liberal-leaning justices, however, seemed wary of giving judges too much control over policymaking decisions, while other members of the court expressed more pragmatic concerns about a potential precedent-ending ruling’s effect on related cases.” [Law360, 1/17/24 (=)]

 

Advocacy Groups Sue To Stop RI Offshore Wind Projects — “Advocacy groups and a number of Rhode Island residents are asking a D.C. federal judge to undo approvals for two offshore wind projects in waters off the state, contending the Biden administration rushed its environmental reviews and, in doing so, violated multiple federal laws. The Tuesday complaint takes aim at two wind power farms approved by the Bureau of Ocean Energy Management, part of the U.S. Department of the Interior. The suit claims the projects — South Fork Wind and Revolution Wind — were greenlighted without enough analysis of their environmental impacts in violation of the National Environmental Policy Act and other federal laws. ‘The United States has shortcut the statutory and regulatory requirements that were enacted to protect our Nation’s environmental and natural resources, its industries, and its people,’ according to the 91-page suit. The eclectic mix of plaintiffs, led by Rhode Island environmentalist nonprofit Green Oceans, includes fishing associations and bat and whale conservation groups. There are also individual Rhode Island residents who own historic properties that were allegedly overlooked by the federal agency evaluating the wind farms.” [Law360, 1/17/24 (=)]

 

Conservation Groups Sue To Stop Forest Service Mud Creek Project — “Montana environmental groups have filed suit against the U.S. Forest Service to stop a large logging project in the Bitterroot National Forest. The Alliance for the Wild Rockies contended the project threatens species habitat and clean water. As part of the Mud Creek project, the Forest Service would bulldoze 43 miles of new roads into the Bitterroot, burn more than 40,000 acres, carve a 2.5 mile-long trail for motorized vehicles into the forest, and log almost 14,000 acres, 4,800 of which would be clear-cut. Mike Garrity, executive director of the Alliance for the Wild Rockies, said the Mud Creek project would devastate the affected section of the Bitterroot in northwest Montana. ‘The name of the project said it all: Mud Creek,’ Garrity explained. ‘This watershed is bull trout critical habitat, so bulldozing in all these new roads and clear-cutting this many acres means sediment from these roads, combined with runoff from the logging and burning, will flow into streams.’ The Forest Service contended the project will reduce potential fire severity and improve wildlife habitat.” [Public News Service, 1/18/24 (=)]

 

10th Circ. Doubts Revival Of Oil Royalty Suit, But Offers 'Hope' — “A Tenth Circuit panel on Wednesday seemed skeptical of a third attempt at reviving putative class claims alleging that Noble Energy underpaid royalties, but said there is some chance of letting the long-running litigation continue. The class of oil and gas leaseholders alleged first in 2020 that Chevron subsidiary Noble Energy Inc. and Kerr-McGee Oil & Gas Onshore LP had underpaid them by wrongfully deducting certain costs, but their claims were tossed because they had not first gone to the state commission that regulates oil and gas companies. In a second lawsuit, the plaintiffs argued that the outcome of another case that rose to the state supreme court, Antero Resources Corp. v. Airport Land Partners Ltd., changed Colorado case law to allow the plaintiffs to refile the case. A federal judge later decided it did not change the law. More suits, dismissals, and appeals followed, leading the class to argue in its latest appeal that Colorado justices’ decision in Antero, and a recent decision by the Colorado Energy and Carbon Management Commission that it did not have jurisdiction over the contract dispute, meant that a fourth filing of its claims, also dismissed, can be revived. The panel had doubts about the latest revival bid but offered ‘some hope.’” [Law360, 1/17/24 (=)]

 

 

 

Fossil Energy

 

BP Names New CEO As It Faces Climate Challenges — “BP announced Wednesday that Murray Auchincloss, who has been serving as the oil major’s interim CEO since September, will lead the company effective immediately. Auchincloss replaces Bernard Looney, who was ousted in September after he told the company’s board he was not ‘fully transparent’ about personal relationships with colleagues. Helge Lund, chair of BP’s board, said in a statement that Auchincloss’ appointment came after a four-month-long international search. ‘Many already know Murray well, and few know BP better than he does. His assured leadership, focus on performance and delivery, and deep understanding of the opportunities and challenges in the energy transition will serve BP well as we continue our disciplined transformation to an integrated energy company.’ Auchincloss faces several challenges as he steps into his official role as CEO. Chief among them will be balancing BP’s climate commitments with shareholder expectations.” [E&E News, 1/18/24 (=)]

 

BP Says Interim CEO Now Permanent After Predecessor Resigned For Failing To Disclose Personal Relationships — “BP announced Wednesday that interim CEO Murray Auchincloss – who took over last year following the resignation of his predecessor for failing to fully disclose personal relationships with colleagues – is now its permanent CEO. The energy company says the 53-year-old’s appointment was made after a ‘robust and competitive search process, carried out by the board over the past four months with support from international search advisers.’ ‘Since September, bp’s board has undertaken a thorough and highly competitive process to identify bp’s next CEO, considering a number of high-caliber candidates in detail,’ Helge Lund, its board chairman, said in a statement. ‘The board is in complete agreement that Murray was the outstanding candidate and is the right leader for bp.’ Previous CEO Bernard Looney departed the company in September 2023. Shares of BP were slightly down Wednesday following the latest announcement.” [Fox Business, 1/17/24 (=)]

 

Shell’s Appeal Of Landmark Climate Ruling To Begin In April — “Shell Plc’s appeal against a landmark ruling that ordered the oil and gas giant to cut its carbon emissions by 45% over the next decade will begin in April. The London-based oil and gas giant is seeking to reverse what was a watershed moment for the oil industry. A trio of judges in The Hague said Shell must reduce total emissions by 45% by 2030 from 2019 levels, equivalent to 740 million tons a year of carbon dioxide. The ruling was not suspended pending the outcome of the appeal and did not prescribe how Shell should slash its emissions. Shell will face the Dutch arm of Friends of the Earth in court over four days between April 2 and April 12 in a bid to overturn the 2021 ruling, both parties said in response to questions from Bloomberg. Shell has argued that the court’s decision unjustly singled the company out, while Milieudefensie, as the Friends of the Earth arm is called, says it is confident it will win the appeal.” [Bloomberg, 1/17/24 (=)]

 

VIDEO: What Is Fracking? Here's Why The Process Is Controversial. — “Fracking is a method used to extract natural gas and oil from deep under Earth’s surface. Here are its environmental impacts.” [USA Today, 1/17/24 (+)]

 

 

 

Biden Admin Abruptly Reverses Proposal Opening Public Lands To Foreign Ownership After GOP Opposition — “The Biden administration abruptly rescinded a proposal that would have opened public lands to private ownership, a policy that received opposition from federal and state lawmakers over potential national security concerns. The Securities and Exchange Commission’s (SEC) Division of Trading and Markets said in a filing Wednesday that it had withdrawn the proposal which would have allowed a new type of public company, so-called Natural Asset Companies (NACs), to be traded on the New York Stock Exchange (NYSE). NACs are a type of company that is chartered to ‘protect, restore and grow the natural assets,’ according to the Intrinsic Exchange Group, a non-profit which collaborated with the NYSE to develop the new corporate taxonomy. The Rockefeller Foundation, a left-wing non-profit and an early supporter of Intrinsic Exchange Group’s efforts, said the proposal would help combat climate change.” [Fox News, 1/17/24 (-)]

 

New York Stock Exchange Withdraws Rule Republicans Warned Would Compromise National Security — “The New York Stock Exchange has withdrawn a rule that Republicans said would have illegally implemented a radical environmentalist agenda and harmed national security. On Wednesday, the NYSE announced that it would be withdrawing a proposed rule to the Securities and Exchange Commission that would have created a listing entity called a Natural Asset Company (NAC). A NAC would be empowered to control private and public lands by capturing ‘the intrinsic and productive value of nature’ and block things like logging, herding, and drilling from happening on the land. The proposed rule was opposed by a coalition of over two dozen Republican attorneys general and state financial officers who warned that the rule would be used to push a liberal political agenda. Republicans also said that foreign entities would be able to purchase and control what happens on public lands by designating it a NAC. Utah Republican Treasurer Marlo Oaks said that he was pleased with the NYSE decision to withdraw the rule.” [The Daily Wire, 1/17/24 (-)]

 

Breaking News: NYSE Withdraws Proposed Rule Change Regarding Carbon Credit “Natural Asset Companies” — “In a surprising development today, the New York Stock Exchange (NYSE) has withdrawn its proposed rule change previously submitted to the Securities and Exchange Commission (SEC) to allow ‘Natural Asset Companies’ to be traded in the U.S. market. Idaho Dispatch explained in this article that Natural Asset Companies (NACs) were defined by the NYSE to be, ‘Corporations that hold the rights to the ecological performance of a defined area and have the authority to manage the areas for conservation, restoration, or sustainable management.’ Also mentioned in the previous Dispatch article was the strong opposition to NACs by Marlo Oaks, the Treasurer for the state of Utah.” [Idaho Dispatch, 1/17/24 (-)]

 

SEC Drops Proposed Rule Change After Receiving Kansas AG Kobach’s Letter — “The SEC dropped a proposed rule change after receiving a comment letter from Kansas Attorney General Kris Kobach. Kansas Attorney General’s Office said the SEC is dropping a proposed rule that would have listed natural asset companies (NACs) on the stock exchange after receiving a comment letter from Kansas Attorney General Kobach. ‘We are pleased that the SEC has withdrawn its proposed rule change. Doing so avoided an unnecessary legal battle,’ Kobach said. ‘My fellow Republican attorneys general will continue to fight against the Biden Administration’s unlawful actions whenever they occur.’ According to the Attorney General’s Office, under the proposed rule, NACs would allow investors to purchase shares to ‘actively manage, restore (as applicable) and grow the value of natural assets and their production of ecosystem services.’ NACs invest in ‘nature,’ where the only purpose value created is the protection of nature.” [WIBW-TV, 1/17/24 (-)]

 

Exclusive: State Officials Urge Biden Admin To Reject New Rules That Could Be ‘Catastrophic’ For Rural Americans — “Thirty state officials have urged the Securities and Exchange Commission (SEC) to reject a rule proposal that would allow the privatization of public lands, according to a copy of their comment letter obtained exclusively by the Daily Caller News Foundation. The SEC is considering whether to allow ‘Natural Asset Companies’ (NACs) to be traded on the New York Stock Exchange (NYSE), a move which would allow American lands and ecosystem services to serve as the basis for a brand new financial product. Thirty state level officers, including auditors, treasurers, commissioners and comptrollers, signed onto the letter, outlining their specific concerns about the novel accounting practices and potential national security threats that the NYSE’s proposed rule would allow if the SEC allows it to become final. Under the proposed rule, NACs would be a new type of company that strives to improve ecosystems and ecosystem services of public or private lands, according to the NYSE’s proposal. Those ecosystems and their services would be the underlying value for NAC equity that would be tradable on the NYSE.” [The Daily Caller, 1/17/24 (-)]

 

Hutchinson, Rapp Urge SEC To Not Allow Rich Elites Control Over Public Lands, Natural Resources — “Sen. Scott Hutchinson (R-21) and Rep. Kathy Rapp, R-Warren, have sent a letter to the U.S. Securities and Exchange Commission opposing a proposed rule change under consideration by the independent agency that would not only negatively impact the Allegheny National Forest (ANF), which includes portions of Warren, McKean, Forest and Elk counties, but also the communities that host or are adjacent to the federal lands. The proposed rule would allow the New York Stock Exchange to list Natural Asset Companies (NACs), a new type of public company that would hold rights over prescribed areas such as national parks, federal lands and private land. However, unlike other companies that are created to provide services or produce items of value, a NAC is, according to the rule, ‘a corporation whose primary purpose is to actively manage, maintain, restore (as applicable) and grow the value of natural assets and their production of ecosystem services.’” [The Bradford Era, 1/17/24 (=)]

 

Lummis, Hageman Cheer Defeat Of SEC ‘Land Grab Attempt’ — “Wyoming U.S. Sen. Cynthia Lummis and Congresswoman Harriet Hageman are declaring victory after the New York Stock Exchange announced it’s dropping a controversial proposal to sell shares of land that both lawmakers vehemently opposed as potentially disastrous for land management in the West. On Wednesday, the Stock Exchange provided notice to the Securities and Exchange Commission that it’s withdrawing a proposed rule change to allow for the creation of natural asset companies (NAC), essentially a way to raise money to buy natural asset rights on parcels of land. Lummis told Cowboy State Daily that the rule proposal was consistent with President Joe Biden’s approach to managing the environment. ‘The New York Stock Exchange’s decision not to list natural asset companies is a huge victory for Wyoming and dismantles the Biden administration’s latest land grab attempt,’ Lummis said. ‘For far too long, this administration has openly empowered radical environmental activists to use the full force of the federal government to jeopardize Western industry and threaten the way of life we cherish.’” [Cowboy State Daily, 1/17/24 (-)]

 

Rule Proposal Critics Warned Could Harm Energy Security Rescinded Amid Mounting Scrutiny — “The New York Stock Exchange (NYSE) withdrew its proposal that would pave the way for ‘Natural Asset Companies’ (NACs) to become a new type of financial product on Wednesday, according to the Securities and Exchange Commission (SEC). The SEC had been considering a NYSE proposal to allow NACs to be listed and traded on the NYSE, a policy which would permit American lands and ecosystem services to serve as the basis for a novel financial product. The agency announced Wednesday that NYSE had withdrawn the proposal, ending the potential privatization of America’s public lands and associated risks for energy and national security, at least for the time being. The SEC’s notice of the withdrawal did not specify the particular reasons that motivated the NYSE to abort its effort to bring NACs to market. The NYSE had partnered with the Intrinsic Exchange Group (IEG), a for-profit company backed by interests including the Rockefeller Foundation, to advance the NAC proposal.” [The Daily Caller, 1/17/24 (-)]

 

Alaska Revenue Commissioner Crum Joins 29 Other States Opposing ‘Natural Asset Company’ Land Grabs — “It’s ‘hide the decline’ time with this one ‘nature trick,’ per the New York Stock Exchange. Alaska Revenue Commissioner Adam Crum has signed on with 29 other states opposing a proposal in front of the Securities and Exchange Commission that would allow ‘Natural Asset Companies’ (NACs) to be traded on the New York Stock Exchange as part of a eco-land preservation system that promises, mysteriously, to yield profit as it ties up productive land. Read the proposal at this SEC link. Alaska would be a target for such a scheme, since more than 60% of the state is owned by the federal government, Commissioner Crum said. ‘To convert natural assets into financial capital, IEG has developed an accounting framework to measure ecological performance. Natural assets produce an estimated $125 trillion annually in global ecosystem services, such as carbon sequestration, biodiversity and clean water,’ according to a description by the New York Stock Exchange. This is carbon sequestration, next generation.” [Must Read Alaska, 1/17/24 (-)]

 

 

 

Western Group Urges Biden To Designate More Monuments — “President Joe Biden should use his fourth year in office to designate six national monuments in five states, as well as expand two existing ones in California, urges a report from a group that works with Western community leaders on climate and public lands issues. The Mountain Pact report released Wednesday says additional Western monuments would preserve federal lands considered sacred to Native Americans and important to outdoor recreation enthusiasts from numerous threats, including in one case industrial renewable energy development. In some cases where the report urges presidential action, members of Congress have sponsored legislation that would accomplish the goals of a national monument designation or expansion, but has yet to be approved. ‘National monuments are important to Western communities, and protecting public lands has always been a bipartisan effort and one that all Americans can celebrate,’ said Anna Peterson, executive director of the Mountain Pact. ‘We continue to urge President Biden to use his authority under the Antiquities Act to protect more places with cultural and scientific significance as national monuments.’” [E&E News, 1/17/24 (=)]

 

 

 

Alaska

 

State Expects Willow And Pikka To Push Oil Production Up 30% By 2032 — “North Slope oil production is projected to rise significantly in the next decade, according to a state production forecast presented to lawmakers on Wednesday. Oil production has been flat or declining over the past five years. In the short term, it’s expected to stay fairly stable at roughly 480,000 barrels per day through mid-2025. But the commissioner of Alaska’s Department of Natural Resources, John Boyle, told lawmakers Wednesday that he expects a more than 30% increase by the start of the 2033 fiscal year in mid-2032. ‘We are realizing currently a major boom in investment, and I think it’s safe to say that we really are starting a new chapter when it comes to the future of the North Slope and the types of operators that we’re seeing up there,’ Boyle told the Senate Finance Committee. Boyle said he expects major projects like ConocoPhillips’ Willow and Santos’ Pikka to drive much of the growth. The state’s forecast anticipates production exceeding 630,000 barrels per day by 2032. Pikka is expected to start production in 2026, with Willow following in 2029.” [Alaska Public Media, 1/17/24 (=)]

 

Oil Field Road Traffic Disrupts North Slope Caribou More Than Previously Recognized — “Road traffic has long posed a challenge to caribou on the North Slope. For decades, there has been a standard for oil field traffic heavy enough to disturb the animals: 15 vehicles per hour. Environmental studies and permits invoke that as the threshold at which caribou stop walking freely near and across roads. Now a newly published study analyzing caribou movements at two oil fields shows that the traffic volumes that inhibit animals’ movements appear to be much lower: five vehicles an hour. The study adds to a growing body of evidence that caribou are much more bothered by infrastructure and industrial activity than was assumed in the past, when existing North Slope oil fields were planned and permitted. ‘Caribou are really sensitive. They’re really sensitive to human activity. And we’ve seen from past studies that they’re also sensitive to human infrastructure, and they really respond to it,’ said Heather Johnson, a U.S. Geological Survey biologist who coauthored the study. ‘The key takeaway from the paper is they’re more sensitive to road activity than we had previously recognized.’” [Alaska Beacon, 1/16/24 (+)]

 

Arizona

 

Biden Plan Would Expand Solar Energy Projects On Public Lands In Arizona, Other States — “The Biden administration on Wednesday announced a proposed revision of its solar development plan to generate more energy on federal lands in the West, along with new projects that will power a half-million homes in Arizona and surrounding states. The U.S. Interior Department’s Bureau of Land Management is revising a 2012 solar plan to create solar development zones in Idaho, Montana, Oregon, Washington and Wyoming. These will build on zones already planned or created in Arizona, California, Colorado, New Mexico and Utah. It will encourage solar exploration and development on 22 million acres, generally in areas within 10 miles of a transmission line and where the BLM has determined there are minimal conflicts with other resources. ‘The appetite and momentum to strengthen the the clean energy economy is undeniable,’ Acting Deputy Interior Secretary Laura Daniel-Davis told reporters on a call announcing the plan revision. The goal is to totally decarbonize the nation’s electrical grid by 2035.” [Arizona Republic, 1/18/24 (+)]

 

First Uranium Mines To Dig In The US In Eight Years Begin Operations Near Grand Canyon — “Three uranium mines have gone into production along the Arizona-Utah border, with more on the way elsewhere in the Mountain West, as market conditions for the mineral needed for nuclear energy improve in response to a global push to reduce the consumption of fossil fuels to slow climate change. But the mines, which were the first to begin operations in the U.S. in eight years when they began extracting ore in late December, are drawing fierce criticism from tribes and environmentalists. One of the mines in Arizona is located in a new national monument President Joe Biden designated just last year; the other two are located in Utah’s quarter of the Four Corners region, where the impacts of 20th-century uranium mining persist to this day. It’s the latest development in the long-running tension between the need to extract the minerals for clean energy sources and the damage mining brings to environments and nearby communities. Across the Southwest, environmentalists and tribes have pushed back against mining proposals, including the three that have gone into production in Arizona and Utah, citing potential impacts to water supplies and water quality, the negative health outcomes uranium mining has historically brought to Indigenous communities, and the destruction of culturally sensitive land.” [Inside Climate News, 1/15/24 (+)]

 

Former Trump Interior Official Lobbying For Lithium Project — “Developers of a lithium project in northwestern Arizona have enlisted a former Interior Department official under the Trump administration to push the project’s federal approval. The Navajo Transitional Energy Co., which is owned by the Navajo Nation, hired Casey Hammond to lobby for the venture in November and paid him $10,000 by the end of the year, Hammond said in congressional disclosures in recent days. Hammond served in a number of roles in the Interior Department under then-President Donald Trump, including acting assistant secretary for land and minerals management, and previously worked for Republicans in the House Natural Resources Committee. Hammond is focusing for now on helping the company get approval for the Big Sandy mine, a lithium project in an exploratory phase on Bureau of Land Management land, by communicating with BLM and lawmakers. He may also advocate for NTEC on other mining matters, he said.” [E&E News, 1/17/24 (=)]

 

California

 

California Teetering On The Brink Of Ending Offshore Oil Drilling, As Bill Triumphs Over First Legislative Snag — “President Joe Biden’s energy agenda is unapologetically green in color, leaving no stone unturned to spur rapid climate action and reach the Paris Agreement goals. When observed through the climate agenda lens, Senator Dave Min’s bill to stop offshore oil drilling in California’s waters is another stepping stone toward Biden’s ultimate decarbonization and clean energy goals. This bill has now passed its first major legislative hurdle. … California is taking steps to put an end to offshore drilling with Senator Dave Min’s Senate Bill (SB) 559, which would require the California State Lands Commission to take immediate steps to terminate the remaining leases for offshore oil drilling in California state waters. The bill passed out of its first legislative committee last week, overcoming its first legislative stumbling block with a 7-3 vote in the State Senate Natural Resources and Water Committee, chaired by Senator Min. Senator Min outlined: ‘As the 2021 oil spill off the coast of Orange County starkly illustrated (as did the 2015 Refugio Beach oil spill), offshore drilling poses a clear and immediate threat to our beautiful beaches and our vibrant $44 billion a year coastal economy.” [Offshore Energy, 1/17/24 (=)]

 

How A Homeowners Association Lawsuit Could Shape The Future Of The California Coast — “The fate of California’s coast may hinge upon the outcome of a contentious ongoing lawsuit in which a small group of homeowners is battling to build a sea wall that the state has refused to approve. Rising sea levels are threatening to eat away much of the state’s 1,100-mile shoreline, while potentially destroying many of the homes and businesses that have been built alongside it. In a case that has pitted public beaches against private property rights, the resolution of a regulator-residential rift could help clarify who is allowed to shield their properties from this encroaching danger — and in doing so, make a far-reaching impact on the future geography of the state’s bluffs, beaches and coastal communities. ‘It would affect in a significant way how people think about the rights they may have to build sea walls and shoreline structures,’ Charles Lester, director of the Ocean and Coastal Policy Center at the University of California, Santa Barbara, told The Hill.” [The Hill, 1/18/24 (+)]

 

Idaho

 

A Federal Solar Power Program May Be Expanding Into Idaho — “The Interior Department has announced it is updating and expanding an Obama-era plan to promote solar power on public lands in the West. The Bureau of Land Management’s 2012 Western Solar Plan identified areas in six states — Arizona, California, Colorado, Nevada, New Mexico and Utah — with high solar potential and few resource conflicts. The new plan adds five states north of the current solar zone for potential solar development: Idaho, Montana, Oregon, Washington and Wyoming. The agency’s preferred alternative identifies about 22 million acres of land open for solar development, ‘giving maximum flexibility to reach the nation’s clean energy goals,’ the BLM said in a statement. Public comments on the draft plan are open through April 18.” [KIVI-TV, 1/17/24 (=)]

 

Minnesota

 

Ice Fishing Turns Deadly As Climate Change Warms Minn. Lakes — “On Friday, Richard Gadbois, 80, did what he had done countless times on freezing January days in northern Minnesota. He drove his SUV onto ice-covered Mille Lacs Lake — one of the largest in the state — to scout fishing holes. Within minutes, the vehicle crashed through the ice. Gadbois, who was wearing a flotation device, died, shocking the small community of Isle, Minnesota, where he was a town fixture and longtime business owner. It wasn’t a single event. The first weeks of 2024 have brought four deaths from ice collapses on Minnesota lakes, and dozens of injuries and close calls. The worst accidents have involved snow machines, utility vehicles, pickup trucks and even a small Cessna aircraft that landed on an expanse of untested ice before crashing into hypothermia-inducing waters. Climate change promises to drive the death toll higher, experts say, particularly across Northern states where recreation on frozen lakes and rivers is a revered pastime.” [E&E News, 1/18/24 (+)]

 

Montana

 

Grizzly Bears Could Be Restored To The Bitterroot Ecosystem — “Grizzlies have been spotted in the Bitterroot, but the ecosystem doesn’t have an ‘established population.’ This week, however, the U.S. Fish and Wildlife Service announced a public scoping period to consider options for restoring grizzly bears to the Bitterroot ecosystem — although it said one option is not taking any action. (It said an ‘established population’ of grizzlies means two or more breeding females or one with two consecutive litters.) ‘The Service will assess the potential impacts of proposed restoration options in an Environmental Impact Statement under the National Environmental Policy Act,’ the agency said in a news release encouraging the public to review a scoping notice and provide input. In the news release, the Fish and Wildlife Service said the U.S. District Court for Montana ruled the Service ‘unreasonably delayed implementing certain actions in the November 2000 ROD (record of decision), including creating a citizens advisory committee.’” [Daily Montanan, 1/17/24 (=)]

 

New Mexico

 

New Mexico Governor Targets Drought, Climate During Agenda Rollout — “New Mexico Gov. Michelle Lujan Grisham outlined an ambitious legislative agenda designed to rein in violent crime, improve public education, expand access to affordable housing, and address concerns about climate change and drought in a State of the State speech Tuesday. … Leading Democratic legislators are calling for a restrained increase of 5.9 percent in annual general fund spending totaling $10.1 billion, warning of a slowdown in surging income linked to oil and natural gas production. They want to dial back on borrowing for construction projects, while expanding savings and endowments to help sustain critical government programs in the future, including child care and preschool. … House Democrats on Tuesday emphasized a commitment to improving public safety — including tighter gun restrictions — along with increased spending on early childhood education and legislation designed to attract new investments in clean-energy enterprises that may rein in climate-warming pollution. … Answering to concerns about climate change and fossil fuels, Lujan Grisham wants the state to provide tax credits toward the purchase of electric vehicles. Another proposal would underwrite development of a strategic new source of water for industrial uses — harnessing treated water that originates from the salty byproducts of oil and natural gas drilling.” [E&E News, 1/17/24 (=)]

 

State Considers Bonding Reforms As It Makes Progress Plugging Orphaned Oil Wells — “An infusion of federal money is helping New Mexico make progress in plugging orphaned oil wells scattered across the Permian and San Juan basins, but regulators say it will be important for the state to require more upfront financial assurance from drillers to cover cleanup of defunct wells. ‘Orphaned’ is the term generally used for wells scrapped by operators who go bankrupt or out of business. The state becomes responsible for plugging those wells and restoring the contaminated sites when they are on state or private lands, and it works with the U.S. Bureau of Land Management to plug abandoned wells on federal sites. The deserted wells are considered an environmental hazard because they can leak methane, a potent greenhouse gas, into the atmosphere and enable toxins to seep into groundwater. The state Oil Conservation Division received $25 million in late 2022 through the federal infrastructure law, and it could receive $142 million more in various federal funds in the coming decade to tackle orphaned wells.” [Santa Fe New Mexican, 1/16/24 (+)]

 

North Dakota

 

Five Produced Water, Crude Oil Spills Reported In McKenzie, Mountrail And Bottineau Counties — “The North Dakota Department of Environmental Quality has been notified of two produced water and crude oil spills that occurred this week in Bottineau County, and the North Dakota Oil and Gas Division has been notified of two other spills late last week in McKenzie County and one in Mountrail County.’ One of the Bottineau County spills occurred Sunday, Jan. 14, about 30 miles northeast of Minot. It was reported by Citation Oil and Gas Corporation. An estimated 335 barrels (14,070 gallons) of produced water, a by-product of oil and gas development, and 15 barrels (630 gallons) of crude oil were released from the tanks, a press release said. There is an unknown amount of spillage impacting nearby agricultural land. The other Bottineau County spill occurred on Monday, Jan. 15, about two miles southeast of Renville. The notification of the spill was sent by Scout Energy Management, LLC, which estimated that approximately 160 barrels (6,720 gallons) of produced water and 40 barrels (1,680 gallons) of crude oil were released from the tanks. Sixty barrels (2,520 gallons) left the location and impacted surrounding rangeland, a release said.” [The Dickinson Press, 1/17/24 (=)]

 

Wyoming

 

Industry: BLM Is Withholding Priority Oil And Gas Tracts In Wyoming — “The first of four oil and natural gas lease sales scheduled in Wyoming this year is significantly smaller than past auctions, especially those under the Trump administration. The upcoming sale will offer 20 lease parcels that span 11,250 acres. In comparison, one Trump-era sale offered 383 parcels spanning some 476,506 acres in Wyoming, but the Biden administration delayed and pared down the offering after issuing a federal oil and gas leasing moratorium in January 2021. Federal officials are seeking public comment on the latest sale between now and Feb. 8. Click here to learn more about the sale and details on each lease parcel. The sale is expected to take place sometime in March. After the moratorium, a federal court ordered the Bureau of Land Management to resume quarterly lease sales, and the Biden administration has advanced reforms to the oil and gas leasing program, including higher royalty payments, a minimum bid for new parcels and numerous protections for wildlife and other natural resources.” [Gillette News Record, 1/17/24 (=)]

 

 

 

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