Environmental organizations lack standing to appeal agency rulemaking *

USA - July 13 2012
The court in Wildearth Guardians v. Salazar held that plaintiff environmental organizations lacked standing to challenge a decision by the Bureau of Land Management (BLM) not to recertify the Powder River Basin as a “coal production region”.

Co-authors: Gina Guy .

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Migratory Bird Treaty Act: no criminal liability for the “take” of migratory birds if that “take” results from lawful commercial activities *

USA - July 13 2012
Based on a broad interpretation of the Migratory Bird Treaty Act (MBTA), 7 criminal liability has been imposed upon companies that operate ponds, transmission lines and wind turbines which have resulted in bird kills.

Co-authors: Kristi J. Livedalen .

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Failure of BLM to base decision on administrative record results in vacation of right-of-way denial *

USA - November 30 2011
On September 28, 2011 the Interior Board of Land Appeals of the US Department of Interior (Board of Appeals) took the unusual step of setting aside a decision of the Bureau of Land Management denying three right-of-way applications filed by CAM-Colorado, LLC and CAM Mining LLC, both subsidiaries of Rhino Energy of Lexington, Kentucky.

Co-authors: Rodney R. Patula , Kristi J. Livedalen .

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Federal agencies continue preparation of programmatic EIS for solar energy development *

USA - August 31 2011
The Draft Programmatic Environmental Impact Statement (Draft EIS) was released by the Department of Energy (DOE) and Department of Interior, Bureau of Land Management (BLM) in December 2010.

Co-authors: Gina Guy .

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Wind energy projects: US Fish and Wildlife Service’s Draft Eagle Conservation Plan Guidance and land-based wind energy guidelines *

USA - May 17 2011
On February 18, 2011 the United States Fish and Wildlife Service published its "Draft Eagle Plan Conservation Guidance" for public review and comment.

Co-authors: Gina Guy .

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