New Bureau of Land Management Guidance on Geologic Carbon Sequestration on Federal Public Lands Answers Some Questions, But Uncertainty Remains for Split-Estate Lands

by John W. Andrews On June 8, 2022, the U.S. Department of the Interior’s Bureau of Land Management (BLM) issued formal guidance describing BLM’s policy for authorizing use of federal public lands for site characterization, injection, and geologic sequestration of … Continue reading

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From Worse to Bad: New draft of “Build Back Better” Legislation Reduces But Doesn’t Eliminate New Financial Burdens on Hardrock Miners Operating on Federal Land

by John W. Andrews Everyone has heard a bad joke where the setup for the punchline is “well, it coulda been worse”.  Hardrock mining companies operating on federal public lands presumably didn’t feel like laughing when the House Natural Resources … Continue reading

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Who Owns Pore Space for Geologic Carbon Sequestration? Renewed Focus on Carbon Capture and Storage Likely to Bring Ownership Uncertainties on Western Split-Estate Lands Back into the Picture

by John W. Andrews The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy storage.  In light of Congress’ strong interest in … Continue reading

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EPA Announces New Office of Mountains, Deserts, and Plains

by Patrick J. Paul Declaring that the days of a one-size-fits-all approach to environmental remediation are over, U.S. Environmental Protection Agency (EPA) announced on September 2, 2020, the creation of a new office Mountains, Deserts, and Plains (OMDP). This new … Continue reading

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Rosemont Project FEIS, ROD and Unpatented Mining Claims Dealt Blow by Arizona District Court

by James P. Allen and Michael C. Ford The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. … Continue reading

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Environmental Groups’ Push to Impose Additional Financial Assurance Requirements on the Hardrock Mining Industry Rejected by the D.C. Circuit

by Michael C. Ford A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals … Continue reading

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Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

by Denise A. Dragoo On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and improvements … Continue reading

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Voter Initiatives to Limit Mineral Development in Western States Fail

by John W. Andrews Voters in several western states on November 6th defeated citizen-initiated ballot initiatives that would have heavily regulated mineral and energy development.  The highest profile failed initiative was Colorado’s Proposition 112, which would have prohibited new oil … Continue reading

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Supreme Court Declines to Review Decision Preventing New Uranium Mines Near Grand Canyon

by Farris J. Gillman On October 1st, the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision in a case that could have reopened an area of Arizona located north of the Grand Canyon and south … Continue reading

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In Colorado, Ballot Initiatives Are Back in Full Force

by Frances Folin As primary season for midterm elections gets underway, so too does canvasser season. In Colorado alone, canvassers are out in full force and looking to get enough voter signatures for a number of different initiative statutes and … Continue reading

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