The National Environmental Policy Act (NEPA) requires major federal actions that significantly affect the quality of the human environment to undergo an environmental review prior to federal authorization or funding. The decision to license or permit a project on federal lands is generally...

A decade ago, concerned that National Environmental Policy Act (“NEPA”) compliance caused delays in permitting oil and gas (“O&G”) development on federal land, Congress enacted Section 390 of the Energy Policy Act (“EPAct”) of 2005. Section 390 is intended to expedite the...

This paper reviews Environmental Impact Statements (EIS) completed in conjunction with Resource Management Plan (RMP) revisions completed by the Bureau of Land Management (BLM) in Colorado, Montana, Utah, and Wyoming between 2004 and 2014. Based on our review of sixteen EISs for RMP revisions we...

Utah is home to oil shale resources containing roughly 1.3 trillion barrels of oil equivalent and our nation's richest oil sands resources. If economically feasible and environmentally responsible means of tapping these resources can be developed, these resources could provide a safe and stable...

On December 4, 2017, President Trump removed 2 million acres of land from the Bears Ears and Grand Staircase-Escalante national monuments. President Trump justified the reductions in part by claiming that many of the objects contained in the original monuments were already protected by other...

Fossil fuel development on federal lands accounts for 24% of all U.S. carbon dioxide (CO2) emissions. These emissions can be reduced significantly by requiring federal oil and gas development activity to mitigate greenhouse gas (GHG) emissions. The Bureau of Land Management (BLM) has authority...

Almost one quarter of all U.S. carbon dioxide (CO2) emissions come from fossil fuels extracted from public lands, and these resources are managed by the Bureau of Land Management (BLM). This article argues that the BLM has a statutory duty to respond to climate change, which includes the duty to...

On January 2, 2022, the Department of the Interior published a notice in the Federal Register seeking Information to Inform Interagency Efforts to Develop the American Conservation and Stewardship Atlas. This letter responds to the Department’s request for information. Our comments focus on...

This White Paper is the fourth in a series addressing state efforts to take over federally managed public lands. We argue here that state time and resources would be better spent on collaborative efforts to improve resource management practices. Alternatives to litigation, like that threatened...