Latham's Clean Energy Law Report

Tag Archives: Regulatory

New Law Gives Tribes The Option To Assume Leasing Authority For Certain Leases On Tribal Trust Lands

By  Janice Schneider, Sean Krispinsky, and Stacey VanBelleghem Navigating the regulatory requirements for leasing Tribal lands for renewable energy projects can be complex and time consuming, but it might become easier thanks to a new law, that was signed on July 30, 2012.  The Helping Expedite and Advance Responsible Tribal Home Ownership (or “HEARTH”) Act … Continue Reading

UPDATE: Forest Service Announces Proposed Rule and Request for Comments Regarding Project-Level Pre-Decisional Administrative Review Process

By Janice M. Schneider, Laura A. Godfrey and Taiga Takahashi In early March, we discussed Section 428 of the 2012 Consolidated Appropriations Act, which directed the establishment of a pre-decisional objection process to replace the Forest Service post-decisional administrative appeals process under 36 C.F.R. part 215 for administrative appeals related to “projects and activities implementing … Continue Reading

Congress Replaces Forest Service Appeals with Pre-Decisional Objection Process

By Janice M. Schneider, Laura A. Godfrey and Taiga Takahashi The 2012 Consolidated Appropriations Act (Appropriations Act), signed by President Obama on December 23, 2011, replaced the appeal process for most Forest Service actions with a pre-decisional objection process.  The Appropriations Act also gave the Chief of the Forest Service authorization to exempt Forest Service actions … Continue Reading