Legal Updates

The Freedom of Information Act, or FOIA, was signed into law by President Lyndon Johnson on July 4, 1966. FOIA gives the public the right to access records from any federal agency or department within the executive branch. Oil and gas, renewable energy, and mining companies frequently are required to provide financial or trade secret […]

While most people were watching whether the Land and Water Conservation Fund would be reauthorized in the John D. Dingell, Jr. Conservation Management, and Recreation Act (Dingell Act), a few of us were hoping the long-sought “helium fix” would at last make it across the finish line. When the President signed the Dingell Act on […]

Venezuela is reeling from a multitude of woes. Vast swathes of the population have fled to neighboring countries as a humanitarian crisis flares out of control. The Venezuelan oil industry – the economy’s frail linchpin – has not escaped the morass. PdVSA, the state-owned oil company, is crippled by chronic operating mismanagement and resource nationalism. […]

Although the Obama and Trump administrations differ markedly on climate change and energy policy, their oil and gas decisions are being similarly faulted by federal courts. President Obama had an “all of the above” energy policy that included the development of oil and gas but took addressing climate change as a serious obligation. President Trump […]

On January 14, 2019, the Colorado Supreme Court reached a decision in COGCC v. Martinez, ending more than five years of litigation between seven youth activists from Boulder-based Earth Guardians and the Colorado Oil and Gas Conservation Commission (“COGCC”). The Court held that the COGCC appropriately exercised its agency discretion when it declined to undertake […]

Effective November 27, 2018, the revised Bureau of Land Management (BLM) regulations pertaining to waste prevention will take effect. 83 Fed. Reg. 49,184 (Sept. 28, 2018). This final rulemaking eliminates several of the more onerous burdens imposed by the regulations adopted at the end of the previous Administration. 82 Fed. Reg. 83,008 (Nov. 18, 2016) […]

The U.S. Supreme Court ended a decade-long dispute on Monday, June 25, 2018, regarding the boundaries of the Wind River Reservation by denying certiorari in the combined case of Northern Arapaho Tribe, et al. v. Wyoming, et al. and Eastern Shoshone Tribe, et al. v. Wyoming, et al. The case answers two questions: (i) were […]

On June 21, 2018, in South Dakota v. Wayfair, Inc., the U.S. Supreme Court struck down over fifty years of precedent when it ruled that retailers are no longer required to have a physical presence in a state to be subject to the state’s tax jurisdiction for sales tax purposes. Importantly, the question before the […]

One of President Trump’s first actions was to issue Executive Order 13766, “Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects” (Jan. 24, 2017), directing the Council on Environmental Quality (“CEQ”) to begin efforts to identify high priority infrastructure projects and expedite federal environmental reviews required by the National Environmental Policy Act (“NEPA”). This […]

One of the arguments against fracking, and the natural gas industry in general, is that burning gas releases carbon dioxide, which contributes to global warming.i What if burning natural gas resulted in no CO2 emissions? In the next three to five years that may be true. MIT Technology Review has identified “zero carbon natural gas” as […]

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