Published on:

by and

President Donald Trump has nominated Kathleen M. Sgamma, a 20-year advocate of the oil and gas industry, as the Director of the Bureau of Land Management (BLM). BLM, an agency within the U.S. Department of the Interior (DOI), is responsible for administering 245 million acres of federal public land and nearly 700 million acres of federal and state subsurface mineral estates. Sgamma notably was a member of the Royalty Policy Committee during Trump’s first term which advised the administration to streamline the permitting and review process for drilling on public lands and lower royalty rates on drillers and miners. Her nomination was announced on the Congressional Record Vol. 171, No. 28 on February 11, 2025.

Sgamma currently heads Western Energy Alliance, an oil and gas trade group representing 300 oil and natural gas companies, known for challenging regulatory restrictions on the oil and gas industry. Several past lawsuits brought by Western Energy Alliance against DOI, likely reflective of Sgamma’s policy stance, have sought to limit DOI leasing rules that raised royalty rates, challenge pauses on oil and gas leasing, and compel BLM to hold quarterly lease sales for federal minerals.

Sgamma recently showed enthusiastic support for the President’s “Unleashing American Energy” executive order, that called for unleashing “America’s affordable and reliable energy,” including oil and gas and domestic mining. Sgamma also worked on the energy section of the 900-page Project 2025 “Mandate for Leadership” plan, specifically on the chapter “Restoring American Energy Dominance,” which called for rolling back Biden regulations and restoring oil, gas and mining leases in Alaska, Wyoming and Montana where leases had been suspended.

Continue reading
Published on:

by and

By Kerry Shapiro and Daniel Quinley

On January 20, 2025, President Donald J. Trump issued the “Unleashing American Energy” Executive Order to, among other things, establish the United States as a “leading producer and processor of non-fuel minerals.” (“Executive Order”) The Executive Order emphasizes key energy policies, including the removal of EV-mandates and other actions to push forward the development of domestic energy. The Executive Order goes on to set forth several important policy directives focusing on mineral development, especially critical minerals. Broadly speaking, the Executive Order seeks to (1) promote domestic development of mineral resources; (2) cut significant red-tape by removing regulations and encouraging streamlined permitting, and (3) reevaluate historic withdrawals of public land for mineral and resource development. The following are among the litany of actions aimed at “unleashing” American energy and natural resources:

  • Comprehensive agency review of existing regulations that impose an “undue burden” on the development and production of domestic energy and mineral resources, and development of “action plans” to address same within 30 days of this Executive Order;
  • Eliminate all permitting delays, where possible, by utilizing tools such as “general permitting” or “permit by rule,” as well as “emergency authorities,” for projects deemed “essential for the Nation’s economy or national security;”
  • Prepare recommendations for legislative permitting reform, to be presented to Congress;
  • Reassessment of public land withdrawals;
  • Commence updated surveying and mapping for critical mineral resources;
  • Review and revise the National Environmental Policy Act (“NEPA”) and its implementing regulations, to facilitate compliance with the Executive Order and “prioritize efficiency and certainty over any other objectives, including those of activist groups” and avoid “delays and ambiguity” in federal permitting;
  • Limit environmental review to only “legislated requirements for environmental considerations,” and prohibit the use of “arbitrary or ideologically motivated” methodologies;
  • Immediate revocation and/or revision of numerous executive orders and regulations from the prior administration.

Continue reading

Published on:

by

On December 9, 2020, the California Energy Commission (CEC) appointed nine members of the new Blue Ribbon Commission on Lithium Extraction in California (Lithium Valley Commission).  The appointments were made pursuant to Assembly Bill 1657 (Garcia, Chapter 271, 2020) (AB 1657), which was signed into law by Governor Newsom on September 29, 2020.

AB 1657 requires the CEC to establish the Lithium Valley Commission to review, investigate, and analyze issues and potential incentives regarding lithium extraction and use in California, and submit a report to the Legislature documenting its findings and recommendations, on or before October 1, 2022.  AB 1657 also authorizes the CEC to appoint nine of the 14 members of the Lithium Valley Commission.

The nine members appointed on December 9, 2020 include:

Continue reading
Published on:

by

Just what makes a decision “final” enough to support a Fifth Amendment takings claim?

In his article, “‘Finality’ may be the next key issue in takings litigation,” published by the Daily Journal, Daniel Quinley of JMBM’s Natural Resources and Mining Group, addresses a recent Ninth U.S. Circuit Court of Appeals’ decision that indicates that determining the “finality” of a local agency’s decision may well be the next key issue in takings litigation. He writes:

“At the very least, one can rest assured that demonstrating that a local agency has made a definitive agency decision will remain critical in bringing successful Takings claims. For now, that process will involve continued robust participation in the local agency’s decision-making, timely requests for variances or exemptions, and efforts toward clearly capturing an agency’s definitive intent regarding a specific property.”

Continue reading
Published on:

by

On Tuesday, March 31, 2020, San Francisco and six other Bay Area counties and one city each issued a virtually identical Shelter-in-Place Order (collectively, the “Order”) that is, in many ways, more restrictive than (i) Governor Newsom’s March 19, 2020 Stay-Home Executive Order N-33-20, and (ii) San Francisco’s March 16, 2020 Shelter-In-Place Order.

In particular, the Order limits the scope of certain construction-related activities previously exempt under those prior orders, and mandates the implementation of new “Social Distancing Protocols” for Essential Businesses still operating, which must be in place by April 2, 2020.

Who issued the Order? The Order was issued by the following seven counties—Alameda, Contra Costa, Marin, Santa Clara, City and County of San Francisco, San Mateo, and Sonoma (who issued the Order late Tuesday evening, after the other six counties)—and one city—City of Berkeley. Although the counties and cities each independently issued an Order, the text is nearly, if not completely, identical.

What does the Order do? The Order establishes stricter limits on business operations, including a narrower scope of construction authorized to continue under the Order, and requires a business to “cease all activities” in Bay Area locations subject to the Order, unless the business qualifies as an “Essential Business”. (Although non-Essential Businesses are allowed to continue “Minimum Basic Operations” necessary to maintain certain activities such as payroll.)

How are construction materials companies affected? Construction materials companies may qualify as “Essential Businesses,” as long as those companies “support or supply” other “Essential Businesses” with “supplies necessary to operate”. Continue reading

Published on:

by

This blog provides important updates to the analysis in our March 20 and March 23 blogs addressing the impact on workers in the construction and industrial materials industries of Governor Newsom’s March 19, 2020 Executive Order N-33-20 (“Order”) mandating, subject to certain exceptions, that “all individuals living in the State of California to stay home.”

For background, the Order states that workers “needed to maintain continuity of operations” of 16 critical infrastructure sectors identified by the U.S. Cyber & Infrastructure Security Agency (CISA) were exempt and thus may continue to work. CISA previously identified those 16 sectors in a March 19, 2020 Memorandum entitled, “Identification of Essential Critical Infrastructure Workers During COVID-19 Response” (“CISA Memorandum”).

Although clarifications regarding the applicability of the Order to workers in the construction materials industry were issued by the State Public Health Officer on March 22 (see March 23 blog), no corresponding clarification was expressly issued with respect to the industrial materials industry.

Update affecting the industrial materials industry and its workers:

  • As we previously reported in our March 20 blog, the treatment under the CISA Memorandum of workers employed by industrial material producers and suppliers, whose materials are not used in construction materials, was somewhat unclear.
  • However, on March 28, 2020, CISA issued an Advisory Memorandum identifying an “Essential Critical Infrastructure Workforce” list, which specifically identifies “Workers necessary for the manufacturing of … industrial minerals”. The key language is shown on page 13 of 15 of the Advisory Memorandum at the first bullet point under Critical Manufacturing.
  • The Advisory Memorandum thus clarifies that the industrial materials industry and its workers are a part of the 16 critical infrastructure sectors identified by CISA, and therefore exempt from the Order’s stay-home mandate, even if the industrial materials are not used in construction materials.

Continue reading

Published on:

by

This blog provides important updates to the analysis in our prior blog addressing the impact on workers in the construction materials industry of Governor Newsom’s March 19, 2020 Executive Order N-33-20 (“Order”) mandating, subject to certain exceptions, that “all individuals living in the State of California to stay home.”

For background, the Order states that workers “needed to maintain continuity of operations” of 16 critical infrastructure sectors identified by the U.S. Cyber & Infrastructure Security Agency were exempt and thus may continue to work. On March 20, the State’s COVID-19 website clarified that the exemption from the Order applied to construction activity, including housing construction. Although this clarification was very helpful, the Order remained somewhat uncertain regarding the status of  construction materials industry workers. Late on Friday, March 20, the State Public Health Officer (“SPHO”) issued a list of “Essential Critical Infrastructure Workers” to be exempt from the Order, and thus allowed to continue working, to ensure “continuity of functions critical to public health and safety, as well as economic and national security.” Again, very helpful, but did not specifically address construction materials.

On Sunday, March 22, 2020, the SPHO issued important updates (“Updates”) to the list of “Essential Critical Infrastructure Workers” directly addressing the construction materials industry. Specifically, the Updates confirm that:

    1. Essential Workforce for Public Works includes construction materials suppliers; and
    2. Essential Workforce for Community-Based Government Operations and Essential Functions include workers who provider services related to construction materials sources.

Continue reading

Published on:

by

On March 19, 2020, Governor Newsom issued Executive Order N-33-20 (“Order”) “ordering all individuals living in the State of California to stay home or at their place of residence”.  As discussed below, the Order allows workers in certain industry sectors to continue working.

There are several categories of workers who may continue to work under the Order.

  • The Order states that workers “needed to maintain continuity of operations” of 16 critical infrastructure sectors identified by the U.S. Cyber & Infrastructure Security Agency (“CISA”) may continue to work.
Continue reading
Published on:

by

On May 1, 2019, Petitioner San Joaquin Tributaries Authority, a Joint Powers Authority (Petitioner/Authority) filed a petition for writ of mandate in Sacramento County Superior Court against the State Water Resources Control Board (SWRCB).  The Authority includes the City and County of San Francisco as petitioners.  The petition challenges SWRCB’s approval of the “State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State” (Procedures) on April 2, 2019.

SWRCB released the Procedures in January 2019, shortly after President Trump announced his plan to rescind and replace the Obama Administration’s 2015 definition of “Waters of the U.S.”  President Trump’s proposed definition of Waters of the U.S. is more narrow, and would reduce the scope of waters subject to federal regulation under the Clean Water Act, including activities within those waters, such as the discharge of dredge and fill material.

The SWRCB’s Procedures are intended to, among other things, codify California’s regulatory authority over the discharge of dredge and fill material into waters being proposed for exclusion from federal regulation through Trump’s proposed definition.  The Procedures also seek to regulate dredge and fill activities within all “Waters of the State”, which is broadly defined to include “any surface water or groundwater, including saline waters, within the boundaries of the state.”  This broad definition includes all natural wetlands, modified wetlands, and even some artificial wetlands.

Continue reading
Published on:

by

On April 25, 2019, the California Construction and Industrial Materials Association (CalCIMA) filed a petition for writ of mandate and complaint for declaratory and injunctive relief (“Petition”)  in Ventura County Superior Court challenging the County of Ventura’s approval of a proposed “Habitat Connectivity and Wildlife Corridor” Project and its implementing regulations.  The Project was approved by the County Board of Supervisors in March 2019 and is intended to “discourage” development within the Project area.  The County approved the Project without completing environmental review in accordance with the California Environmental Quality Act (CEQA).

The Project is essentially an overlay zone that is several hundred thousand-acres in size and includes thousands of acres of important mineral resource deposits (construction aggregate) that have been previously identified by the California Geological Survey and, in some instances, designated by the State Mining and Geology Board (both of which are separate divisions of the Department of Conservation) as being “regionally significant” in meeting the region’s building material needs. These important mineral deposits are a protected natural resource under CEQA and are necessary for use in future housing projects, road construction and repairs, and public infrastructure projects.

Due to the importance of these mineral resources, the County previously approved a Mineral Resources Protection overlay zone intended to ensure the resources were available for future extraction, and not encumbered by incompatible land uses.  The County also enacted specific “Goals, Policies and Programs” in its General Plan to provide enhanced protection for these mineral resources.

Despite the importance of these mineral resources, the County approved the Project overlay zone without completing any CEQA review.  The County concluded that CEQA compliance was not required because the Project is intended to benefit the environment.  However, notwithstanding these potential benefits, the Project and its implementing regulations will cause significant environmental impacts that require environmental review in accordance with CEQA, including the Project’s effects on future efforts to extract critical mineral resources. Continue reading