January 23, 2018

An ELI Master Class

The Trump Administration and Congressional Republicans are engaged in efforts to expand domestic energy production, and using federal land for that production is of particular political interest. This in-depth Master Class featured cross-sectoral experts covering both the legal framework and the potential changes to energy policy on federal lands, onshore and offshore. Panelists covered the laws and regulations that lay the foundation of energy production on federal lands, including the Federal Land Policy and Management Act of 1976, Energy Policy Act of 2005, Outer Continental Shelf Lands Act (OCSLA), and DOI’s Valuation Rule. The seminar also took a deep dive into recent developments in energy production policy, such as the Secretarial Order 3352, SECURE American Energy Act, and the Comprehensive and Forward-Looking Sustainable Energy Development Reform Act. If enacted, these could render notable changes to the regulatory framework from Alaska, to the western states, to the Outer Continental Shelf.

With issues potentially impacting a range of terrestrial and oceanic landscapes, and a varied array of energy extraction and development industries, this Master Class raised thought-provoking questions and delved into this key area of energy and environmental law and policy. How do we balance energy needs with environmental risks? How equitable are royalties when considering the various stakeholders? How will changing energy policy transform federal land and sea? What changes could occur in the regulatory sphere with onshore and offshore federal land? This was a CLE-accredited program.

Panel 1 focused on onshore energy production. Speakers explored a range of timely topics including the December 2017 and March 2018 oil and gas lease sales, royalties from mineral and energy production, Alaska’s “Open for Business” initiative (including the National Petroleum Reserve-Alaska and ANWR), renewable energy development, mineral extraction, and the future of coal production from public lands.

Panel 1: Onshore Energy Development

Jim McElfish, Senior Attorney; Director, Sustainable Use of Land Program, Environmental Law Institute (moderator)
Shannon Eddy, Executive Director, Large-Scale Solar Association (LSA)
Jim Lyons, Senior Fellow, Center for American Progress
Janice Schneider, Partner & Global Vice Chair of the Environment, Land & Resources Department, Latham & Watkins LLP
Everett Waller, Primary Member, Osage Minerals Council, Royalty Policy Committee, Department of the Interior

Panel 2 focused on offshore issues. Speakers discussed Trump’s executive order mandating the review of offshore energy policies, offshore renewable energy development, and oil and gas exploration and drilling in the Outer Continental Shelf.

Panel 2: Offshore Energy Development

Jane Luxton, Partner, Clark Hill PLC, formerly General Counsel, National Oceanic and Atmospheric Administration (NOAA) (moderator)
James Auslander, Principal, Beveridge & Diamond
Timothy Charters, Senior Director, Governmental & Political Affairs, National Ocean Industries Association (NOIA)
Professor Eric N. Smith, Associate Director of Energy Institute, Tulane University

If you are an ELI member and are logged onto the Members site (the white For Members button at the very top of this page), you will see links below to available materials/recordings from this session. If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.


To receive CLE credit:

  • You need to register and provide payment to ELI.
  • If you desire CLE credit in a jurisdiction that we list as having pre-approved the session, you must still note on your registration that you want CLE from that jurisdiction.
  • You will need to actively respond to several polls that are presented during the live session. This means that you must be logged into the webinar and able to participate when the session begins at 12 noon ET and for the entire duration of the session.
  • Your certificate of attendance will be emailed to you a week or so after the session.

To find out about the status of CLE approval in your jurisdiction:

  • List of jurisdictions that have approved the event for CLE credit or where approval is pending and number/type of hours approved.
  • As noted above, ELI will not be seeking CLE approval in jurisdictions other than those listed as having been already pre-approved. You may or may not be able to self-apply, depending on your jurisdiction's policies.