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Federal judge halts Biden s oil and gas lease moratorium

Federal judge halts Biden s oil and gas lease moratorium
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Connecticut Welcomes Online Gambling to the State

May 2021 Indian Nations Law Update

Wednesday, May 12, 2021 In  Navajo Nation v. U.S. Department of the Interior, 2021 WL 1655885 (9th Cir. 2021), the Navajo Nation sued the Department of the Interior (Interior), the Secretary of the Interior (the Secretary), the Bureau of Reclamation, and the Bureau of Indian Affairs (collectively, the Federal Appellees) for breach of trust based on the government’s failure to consider the Nation’s as-yet-undetermined water rights under the  Winters doctrine in managing the Colorado River. Several parties, including Arizona, Nevada, and various state water, irrigation, and agricultural districts and authorities (Intervenors), intervened to protect their interests in the Colorado’s waters. The district court dismissed for lack of jurisdiction on the ground that the Supreme Court had reserved jurisdiction over allocation of rights to the Colorado River in its 1963 decision in 

USFWS Proposes to Reverse Course On Migratory Bird Act

Wednesday, May 12, 2021 On May 7, the US Fish and Wildlife Service (USFWS or Service) under the new Biden administration published a proposed rule to revoke a final rule issued during the final weeks of the Trump administration, 86 Fed. Reg. 1134 (Jan. 7, 2021) (January 7 rule), which excluded incidental take from the prohibition against take under the Migratory Bird Treaty Act (MBTA or Act). 86 Fed. Reg. 24,573 (May 7, 2021) (Proposed Rule). This proposal is the latest development in a series of efforts by recent presidential administrations to implement competing interpretations of the MBTA, as we have reported in  previous articles. If USFWS revokes the January 7 rule as proposed, the regulated community will once again face uncertainty regarding its exposure to criminal enforcement under the MBTA for unintentional take of protected birds associated with a wide range of productive activities.  Notably this could include the operation of wind turbines, an activity t

Feds cancel second quarter oil and gas lease sales

(The Center Square) – The U.S. Bureau of Land Management (BLM) said Wednesday the agency is canceling oil and gas lease sales for the second quarter, drawing criticism from Wyoming’s governor. The announcement marks the second quarter in a row that the agency, which manages energy development, recreation, grazing and conservation on 245 million federal acres, halted lease sales after President Joe Biden signed an executive order in January that included a moratorium on new oil and gas leases on federal lands.  The BLM cited the U.S. Department of Interior’s (DOI) ongoing review of the federal oil and gas leasing program for why the lease sales, which is required quarterly under the Mineral Leasing Act, aren’t being held. 

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