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Extracting Environmental Harm From Deep Seabed Mining

The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.

88 FR 64884

The National Institute of Standards and Technology (NIST) identified categorical exclusions established by DOE under NEPA that cover categories of actions that NIST proposes to take.

88 FR 64972

DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.

88 FR 57334

The Bureau of Safety and Environmental Enforcement revised certain regulatory provisions concerning blowout preventer systems and well control for oil and gas and sulfur operations in the outer continental shelf.

88 FR 49924

CEQ proposed the “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA, including to implement the Fiscal Responsibility Act’s amendments to NEPA.

88 FR 47562

BLM proposed to revise its oil and gas leasing regulations to reflect provisions of the Inflation Reduction Act pertaining to royalty rates, rentals, and minimum bids; update the bonding requirements for leasing, development, and production; improve its leasing process to ensure proper stewardship of public lands and resources; and modify operating requirements.

88 FR 44251

USDA, on behalf of the Administration’s Greenhouse Gas Monitoring and Measurement Interagency Working Group (GHG IWG), seeks comment on the draft interagency report entitled, Federal Strategy to Advance Greenhouse Gas Measurement and Monitoring for the Agriculture and Forest Sectors (Strategy), to inform the GHG IWG, and agencies' planning and implementation of an agriculture and forestry monitoring, measurement, reporting, and verification framework and near-term activities.

88 FR 42287

The Natural Resources Conservation Service proposed and seeks comment on changes to certain conservation practice standards in the National Handbook of Conservation Practices.

88 FR 38416

The Forest Service proposed new regulations to impose new fees to recover the agency’s costs for processing proposals related to mineral activity on National Forest System lands.

88 FR 37266

BLM withdrew approximately 336,404.42 acres of public lands surrounding Chaco Culture National Historical Park from location and entry under U.S. mining laws and from leasing under mineral leasing laws, but not mineral materials laws, subject to valid existing rights, to protect these public lands and the greater connected landscape with a rich Puebloan, Tribal Nation, and cultural legacy in San Juan, Sandoval, and McKinley counties, New Mexico, for a period of 20 years.