CHAPTER 7 NEPA PROCESS APPLIED TO FEDERAL LAND DEVELOPMENT DECISIONS: THE POWDER RIVER CBM EXPERIENCE

• Jurisdiction: United States

NEPA and Federal Land Development
(Feb 2006)
CHAPTER 7
NEPA PROCESS APPLIED TO FEDERAL LAND DEVELOPMENT DECISIONS: THE POWDER RIVER CBM EXPERIENCE
Robert C. Mathes
Bjork Lindley Little PC
Denver, Colorado
Bret A. Sumner
Fulbright & Jaworski LLP
Washington, D.C.
Bruce Pendery
Staff Attorney and Public Lands Director
Wyoming Outdoor Council
Logah, Utah
Rebecca Watson
Hogan & Hartson L.L.P.
Denver, Colorado

ROBERT C. MATHES

Robert C. Mathes is an associate with the Denver based firm of Bjork Lindley & Little PC. Rob's practice focuses on public land law including environmental compliance and federal land use and planning. Rob has considerable experience before the Interior Board of Land Appeals as well as land management and other regulatory agencies associated with natural resource development at both the state and federal levels. Additionally, Rob has significant litigation experience in both the state and federal courts. Rob has authored articles on federal land withdrawals under the Federal Land Policy and Management Act and surface use stipulations on federal oil and gas leases.

BRET A. SUMNER

Bret A. Sumner is a senior associate in Fulbright & Jaworski L.L.P.'s Washington, D.C. office. He focuses his practice on energy and litigation matters. In addition to handling onshore oil and gas litigation and counseling clients on front-end regulatory matters, Bret prepares environmental documentation, works with federal regulators to process permits and documents, and defends clients' projects from legal challenges by environmental and anti-industry groups. He also regularly counsels oil and gas companies on obtaining and operating mineral leases on federal and Indian lands, as well as complying with related environmental statutes and regulations, and works with federal regulators and legislators to create, revise, and interpret new laws, regulations and policies in the energy field. Bret represents oil and gas companies, energy exploration companies, and energy trade associations. He is a member of the District of Columbia Bar Association, the Energy Bar Association, and the Maryland Bar Association. Publications include Managing the Risk of Administrative Stays in Oil and Gas Exploration, Federal Onshore Energy News (2002); Electric Reliability in North America: Cross-Border Implications, American Bar Association Section of Natural Resources, Energy and Environmental Law (1999); Due Process and True Conflicts: The Constitutional Limits of Extraterritorial Federal Legislation, The Catholic University Law Review (1998). Speeches include: Fighting `Science' With Science: How to Combat Legal Challenges to O&G Projects Under NEPA and FLPMA, Rocky Mountain Association of Geologists Conference (2005); Look Before You Lease: RMPs and Post-Pennaco Leasing Issues, Fulbright Seminar: Roads and Roadblocks to Increasing Oil and Gas Production on Federal Lands (2005); How the Endangered Species Act is Endangering Your Oil and Gas Operations, Fulbright Seminar: Roads and Roadblocks to Increased Production on Federal Lands (2004). Education: J.D., Catholic University of America, Columbus School of Law (1998); B.S., magna cum laude, Political Science and History, James Madison University (1992). In law school, Bret served as a note and comments editor of The Catholic University Law Review. He was admitted to practice law in Maryland in 1998 and in the District of Columbia in 1999. He is also admitted to practice before the U.S. District Court for the District of Maryland, the U.S. District Court for the District of Columbia, and the U.S. Court of Appeals for the Tenth Circuit.

BRUCE PENDERY

Bruce Pendery is Staff Attorney and Public Lands Director of the Wyoming Outdoor Council in Logan, Utah, where he practices natural...