Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected. ODFW’s approach was to simply recommend against any development in core habitat, without consideration whether off-site mitigation could result

On Monday, July 19, 2010, the White House Council on Environmental Quality ("CEQ") issued the Final Recommendations of the Interagency Ocean Policy Task Force.  The Final Recommendations are the culmination of a process that began on June 12, 2009 when President Obama formed the Task Force and tasked it with developing recommendations to enhance

From our colleague Michael O’Connell:

On April 2, 2010, the Advisory Council on Historic Preservation (ACHP) issued recommendations on Department of the Interior (Interior) procedures for coordination of energy project development and protection of historic properties. Among other measures, the ACHP recommended that: (a) Interior agencies “engage in effective tribal consultations early in the project planning and review process to enable full understanding and appreciation of tribal views on energy development and its potential to affect properties of religious and cultural significance to them;” (b) give “due deference” to the views of Indian tribes regarding the impact on historic properties that are integral to the cultural and religious identify of tribes; (c) ACHP develop guidance with the Council on Environmental Quality on coordination of National Historic Preservation Act (NHPA) and National Environmental Policy Act review processes; (d) ACHP and Interior develop guidance to assist other federal agencies in assessing effects of energy projects, “especially wind and solar projects,” on historic properties that comprise large areas, with special emphasis on properties of cultural and religious importance to Indian tribes; and (e) ACHP clarify the distinction between “direct” and “indirect” effects to historic properties and when visual effects may constitute “direct” effects.

Continue Reading Advisory Council on Historic Preservation Recommendations Regarding Procedures for Energy Project Development