Houston Chronicle

Curbs on environmen­tal suits considered

House Republican­s want to reduce delays such legal actions can cause for drilling

- By James Osborne

WASHINGTON — When it comes to expanding U.S. oil and gas production, President Donald Trump has few greater hurdles than lawsuits from environmen­tal groups that can tie up companies and federal agencies for years.

Republican­s in Congress are examining ways to reduce the delays such legal actions can cause for drilling and mining projects on federal lands.

“In reality, a legal sub-industry has thrived from endless environmen­tal litigation,” Rep. Mike Johnson, R-La., said at a hearing in the House Committee on Natural Resources last week. “Our legal system is an important avenue for citizens seeking redress of wrongs perpetuate­d by the federal government. However, special interests repeatedly exploit our legal system to further their own agendas.”

So far, House Republican­s have not introduced legislatio­n or made specific recommenda­tions on how the Department of Interior might go about speeding up the legal process. But members of the House Subcommitt­ee on Oversight and Investigat­ions heard testimony last week from an attorney who has frequently represente­d the oil and gas industry and Caroline Lobdell, head of the Western Resources Legal Center, which trains law students for careers representi­ng mining, timber, oil and gas, and ranching interests.

Lobdell recommende­d a series of administra­tive changes at the Department of Interior, including moves to reduce environmen­tal groups’ ability to recover attorneys’ fees and reducing the practice of putting strict requiremen­ts on companies operating on federal lands.

“Plaintiffs love to plumb the depths of voluminous Management Plans to find inflexible standards and required procedures to serve as a foundation

“However, special interests repeatedly exploit our legal system to further their own agendas.” Rep. Mike Johnson, R-La.

for lawsuits to stop agency projects,” she testified. “Every use of the word ‘shall’ in a management plan lifts a plaintiff lawyer’s heart.”

As the Trump administra­tion moves to allow more oil and gas drilling across federal lands, House Republican­s have been reviewing regulation­s across the board. During another House Natural Resources hearing Thursday, Democrats questioned whether Republican­s planned to let “the oil and gas industry call all the shots as to how to manage these lands.”

“It’s only taken five months, and nearly every move on energy that this administra­tion has made could have come right out of the executive boardrooms of the American Petroleum Institute or the National Mining Associatio­n,” said Rep. Alan Lowenthal, DCalif., ranking member on the Energy and Mineral Resources Subcommitt­ee, referring to the trade groups of those industries.

Environmen­tal groups, meanwhile, are adamant they plan to use the court system to block or at least slow any action Trump takes to expand drilling on federal lands. But so far, the moves by House Republican­s are not setting off alarms at the offices of environmen­tal attorneys, said Rebecca Riley, a senior attorney with the Natural Resources Defense Council.

“The oil and gas industry routinely files lawsuits under environmen­tal statutes,” she said, adding that she doesn’t think Congress “would be looking at cutting the avenue off. It’s such an important means to keeping government accountabl­e.”

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