Santa Fe New Mexican

Federal judge throws out lawsuit over Chaco-area drilling

Decision: BLM met requiremen­ts to protect historic sites

- By Andrew Oxford The New Mexican

Just a few weeks after writing that some oil and gas drilling around Chaco Canyon violates historic preservati­on laws, a federal judge has pivoted and said that, actually, it doesn’t.

Judge James Oren Browning this week threw out a 2015 lawsuit filed by a coalition of environmen­tal groups seeking to stop developmen­t around the national park revered as a particular­ly important site in the history of New Mexico’s indigenous people.

The case is just the latest turn in a fight over oil and gas extraction around Chaco Culture National Historical Park, pitting environmen­talists and indigenous activists against an industry that has been at the center of the Four Corners’ economy.

Browning’s decision pivoted on the question of whether the federal

Bureau of Land Management did enough to protect historic sites. It did, he decided — at least, it did all that was required of it. But more broadly, the lawsuit raised the question of whether historic preservati­on laws are meant to save specific archaeolog­ical sites from destructio­n or go further and protect an entire landscape.

The lawsuit argued among other things that even if oil and gas wells approved by the bureau are not inside the park, the wells could still adversely affect the park indirectly. There is light, noise and air pollution, the lawsuit contended. And the federal government should have taken that into account when deciding whether or not to allow oil and gas production in the area. By failing to do so, the government violated laws on historic preservati­on, the lawsuit argued.

Browning rejected most of the arguments in the lawsuit but seemed open to that one in a six-page memo he issued earlier this month.

The judge, appointed by Republican President George W. Bush, wrote that the Bureau of Land Management violated the National Historic Preservati­on Act by approving some wells around historic sites.

Browning walked back that decision in this week’s 132-page opinion.

The judge wrote that the government was only required to take into considerat­ion historic sites inside and immediatel­y around a well unless officials believed it was necessary to broaden their scope.

“Such a limitation makes sense, as the archaeolog­ical site’s historical value stems from the historical data recoverabl­e from the location and not the historical property’s setting or feeling associated with it,” he wrote.

The case was brought by Diné Citizens Against Ruining Our Environmen­t, San Juan Citizens Alliance, WildEarth Guardians and the Natural Resources Defense Council.

For those groups, Browning seemed to draw an important distinctio­n in interpreti­ng historic preservati­on laws.

As Kyle Tisdel, a lawyer at the Western Environmen­tal Law Center working on the case, sees it, the difference is between requiring the federal government do the bare minimum to protect historic sites and viewing preservati­on in broader terms to take into account the effect of oil and gas developmen­t on an entire area.

“We’re talking about what the cumulative impact of all these wells does to the landscape,” Tisdel said.

The Bureau of Land Management declined to comment on the decision.

The groups behind the lawsuit could ask the judge to reconsider or appeal to the 10th Circuit Court of Appeals.

Meanwhile, the bureau is working on a regional management plan for Northweste­rn New Mexico that could affect future oil and gas developmen­t around Chaco.

And amid pushback from some of New Mexico’s members of Congress, President Donald Trump’s administra­tion deferred action last month on leasing more sites for oil and gas production in the area.

 ?? LUIS SÁNCHEZ SATURNO NEW MEXICAN FILE PHOTO ?? Pueblo Bonito in Chaco Culture National Historical Park. A federal judge decided this week the government only must take into considerat­ion historic sites inside and immediatel­y around a well unless officials believe it is necessary to broaden their...
LUIS SÁNCHEZ SATURNO NEW MEXICAN FILE PHOTO Pueblo Bonito in Chaco Culture National Historical Park. A federal judge decided this week the government only must take into considerat­ion historic sites inside and immediatel­y around a well unless officials believe it is necessary to broaden their...

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