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). The BLM has a statutory duty set forth in the Federal Land Policy and Management Act (FLPMA) to coordinate...

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...

The Biden Administration’s efforts to expedite a transition to clean energy have prompted calls for permit reform. Clean energy relies heavily upon critical minerals and transitioning to a clean energy economy demands a global increase in mineral production. Some commentators suggest that...

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...

In the debate surrounding President Trump's monument reductions, a critical and as-yet unanswered question is whether prior presidential monument reductions create a precedent for contemporary actions through the doctrine of congressional acquiescence. This article undertakes a historical survey...

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...