Alaska Native Law Practice
VNF Policy Updates
Alaska Energy & Environmental Policy Update - October 29, 2009
Rick Agnew, Dan Press, Matt Love, Jon Simon, Tyson Kade, Andrew VanderJackOctober 29, 2009
With identification of polar bear critical habitat, federal Endangered Species Act rulings are forming a new regulatory landscape for federal, state and Native lands in Alaska. The Department of the Interior has engaged in a fast-moving, sweeping review of federal management of subsistence hunting and fishing in rural Alaska. And proposed revisions to the Small Business Administration’s 8(a) rules, issued yesterday, may well re-shape the landscape for Alaska Native businesses and their partners. Other policy developments of interest to Alaskans are covered in this issue of the Alaska Energy & Environmental Policy Update.
Alaska Energy and Environmental Policy Update - September 30, 2009
Rick Agnew, John Iani, Jon Simon, Tomás Carbonell, Andrew VanderJackSeptember 30, 2009
A new House bill would significantly overhaul federal oil and gas leasing and royalty programs and create a regional planning framework for offshore oil and gas development. Senators Barbara Boxer and John Kerry released draft comprehensive climate change legislation. The recently-formed Ocean Policy Task Force issued its Interim Report, laying out recommendations to President Obama for re-examining U.S. oceans and coastal management. The EPA finalized a major rule requiring power plants and large industrial facilities to monitor and report their greenhouse gas emissions on an annual basis. A three-judge panel of the Ninth Circuit upheld the legality of Lease Sale 202. The comment period ended on the five-year offshore oil and gas leasing plan proposed by the outgoing Bush Administration.
Alaska Energy and Environmental Policy Update - July 30, 2009
Rick Agnew, Alan Mintz, Jon Simon, Andrew VanderJackJuly 30, 2009
In July, Senator Begich drafted federal legislation to create an RCAC for Alaska’s North Slope; Senator Murkowski introduced revenue-sharing legislation for offshore oil and gas development that would also require that oil produced from the Arctic outer continental shelf be transported by pipeline, and not by tanker; activity on proposed federal energy legislation slowed, with the focus in Congress shifting to health care and appropriations; a Senate subcommittee on contracting oversight held a hearing on the participation by Alaska Native Corporations in the Small Business Act section 8(a) contracting program; the Supreme Court reversed a decision of the Ninth Circuit that had invalidated a permit issued by the Army Corps of Engineers for the discharge of mine slurry from the Kensington gold mine, while the Environmental Protection Agency suggested that the discharge permit might be rescinded to require that Kensington place its tailings elsewhere.
Alaska Energy & Environmental Policy Update - June 19, 2009
Rick Agnew, Jon Simon, Julia Wood, Tyson Kade, Jeff Winmill, Andrew VanderJackJune 19, 2009
Mark-up of the Senate energy bill wrapped up this week with provisions that will impact energy development in Alaska. Various energy proposals are brewing in the House of Representatives, including a U.S. carbon cap-and-trade program. The Department of the Interior has asked the D.C. Circuit Court of Appeals to clarify a ruling that vacated the 5-year oil and gas leasing program. U.S. policy on the Arctic has been getting attention on Capitol Hill. The Obama budget proposes to slash critical funding for the Denali Commission. Agriculture Secretary Tom Vilsack has asserted authority over roadless areas in national forests.
Alaska Energy & Environmental Policy Update - May 8, 2009
Rick Agnew, Tom Roberts, Jon Simon, Tyson Kade, Andrew VanderJack, Jeff WinmillMay 8, 2009
Secretary Salazar announced that the Department of the Interior will not withdraw the Polar Bear Special 4(d) Rule. The Secretaries of the Interior and Commerce announced the withdrawal of the December 2008 final rule modifying the Endangered Species Act section 7 consultation regulations. The U.S. Court of Appeals for the D.C. Circuit vacated the Bush Administration’s five-year oil and gas leasing program for the Outer Continental Shelf. EPA published a proposed endangerment finding, which declares that six greenhouse gases endanger public health and welfare. President Obama continues to develop his natural resources management team. Federal legislation introduced on behalf of Sealaska Corporation may represent the greatest economic stimulus measure available to Southeast Alaska. The Federal Energy Regulatory Commission approved TransCanada’s request for approval to commence the pre-filing process for its proposed pipeline project.