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BLM’s Balancing Act: Agency Extends Increased Pre-Listing Protection to...

Recent actions taken by the Bureau of Land Management (BLM) to protect species on BLM-managed lands, before those species have been listed under the Endangered Species Act (ESA), raise questions about...

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Energy Subsidies: Weighing the Playing Field

Even as a latent issue, subsidies to the oil and gas industry have the potential to be a political hot potato.  But with President Obama putting them front and center in his recent speech at New...

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Will we ever have a national energy policy?

USEPA continues its program of death by a thousand cuts to the coal industry, but does the agency’s actions reflect a coherent national energy policy? On March 27, 2012 the EPA issued its new source...

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STILL ROADLESS AFTER ALL THESE YEARS

In the waning days of the Clinton administration, the U.S. Forest Service adopted a regulation to protect more than 50 million acres of national forest roadless lands, i.e., public lands still...

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SHALE GAS FRACKING: PREVENTING THE NEXT DEEPWATER HORIZON

There has been a dramatic increase in shale gas and oil extraction over the past several years that is presenting an interesting mix of technical, legal, policy, and environmental issues.  These appear...

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EPA Issues Draft Guidance for Oil and Gas Hydraulic Fracturing Activities...

In an effort to inject (no pun intended) regulatory certainty into the permitting of underground injection wells used in oil and gas hydraulic fracturing (HF) operations, on May 10, EPA issued draft...

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Balancing Act and Paradigm Shift: Joint Symposium to be held April 18, 2013

There is a vital need for attorneys and other professionals to understand and discuss the past, current, and future role of our public lands system  in the energy policy of the nation.  In April of...

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Energy Resources Exports: Good for America? Good for the Environment?

Proposals to export liquefied natural gas (“LNG”) produced in large part from shale gas recovered by hydraulic fracturing techniques or “fracing” continue the public debate about the desirability of...

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BSSE Issues Final Safety Culture Policy Statement

When an environmental lawyer is asked to draft or review a corporate environmental, health and safety program, the question arises as to what elements should be included. In the post-mortem evaluation...

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“Something’s Gotta Give” - Should Resident Canada Geese Be Regulated as...

Back in the 1950s and early 1960s, many feared that Canada geese were following – or perhaps waddling would be more apt - in the footsteps of the carrier pigeon.  Until rediscovered in the wilds of...

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New Frontiers of Environmental Advocacy

Since one of the objectives of the ACOEL blog is to promote thought and discussion, I have decided to plunge in with abandon.  Hopefully the objective of promoting discourse will be met.We all have...

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Square Pegs in Round Holes

The Western states face two reciprocating and overarching problems in water resources policy.  First, water is an increasingly scarce resource facing sharply competitive needs. Climate change is...

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The Wilderness Act at 50: The Golden Anniversaries Begin

On September 3, the Wilderness Act turns 50 years old.  This milestone marks the beginning of the golden anniversaries for the golden age of environmental statutes.  During the next dozen years we will...

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Ninth Circuit to federal land trespassers: Fuggedaboutit

Tensions ran high in eastern Oregon in early January 2016 as an armed group seized the headquarters of a national wildlife refuge. The occupation began as a protest of the sentencing of ranchers who...

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Looking Back Over 100 Years of the National Park Service, Looking Ahead to...

August 25, 2016 is the 100th anniversary of the National Park Service.  The many planned celebrations and observances provide an opportunity for everyone to become reacquainted with these great outdoor...

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Treehuggers on Senate Appropriations Committee Approve Conservation Funding

Who knew?  On May 19 those wild eyed environmentalists on the Senate Appropriations Committee unanimously (no misprint) passed a FY 2017 agriculture and rural development bill that includes significant...

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Psst. Anyone want a National Monument in Maine?

Usually we associate uniqueness, grandeur, history, and pleasure with our National Monuments and National Parks.  With President Obama’s August 24, 2016 Declaration of Katahdin Woods and Waters...

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Cuba Delegation Blog 2: Notes from Our Informal Meetings

Jim Bruen, Eileen Millett, Mary Ellen Ternes and I remain energized from the dynamic set of informal meetings in which we participated while in Cuba.  I thought you might find useful the following...

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Cuba Delegation Part 3: Environmental Law and Policy Wonks Wanted

Our ACOEL delegation to Cuba was an incredible opportunity to engage substantively with the lovely people of Cuba.  My personal experience is that the Cuban People are joyful, happy, warm, generous,...

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Public Parks in Massachusetts – Here Today, Gone Tomorrow?

The Massachusetts Supreme Judicial Court (SJC) will soon decide how hard or easy it is to sell or change the use of public parks. Article 97 of the Massachusetts Constitution provides that the “people...

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