Santa Fe New Mexican

Judge pulls plug on area fracking — for now

- By Andy Stiny astiny@sfnewmexic­an.com

In a victory for conservati­on groups, a federal judge on Thursday rejected a government finding that no significan­t environmen­tal impact would occur if hydraulic fracturing were used in drilling for oil or gas on 13 leased parcels in the Four Corners area.

The U.S. Bureau of Land Management proposed hydraulic fracturing and approved the lease sale in October 2015.

But Senior U.S. District Court Judge M. Christina Armijo set aside the leases on about 20,000 acres and sent the issue back to the BLM “for further analysis and action.”

Hydraulic fracturing, known commonly as fracking, injects large amounts of high-pressure water and chemicals into undergroun­d shale deposits. This process fractures the deposits to extract oil and gas.

Five environmen­tal groups sued, saying the BLM failed to provide convincing reasons to justify its decision to forego preparatio­n of an environmen­tal impact statement. The groups included Wild-Earth Guardians of Santa Fe and Amigos Bravos of Taos.

Armijo did not address those arguments, which she said could become moot based on any revised analysis by the BLM. The leases are in Santa Fe National Forest, which regulates the surface while the BLM regulates the subsurface.

The BLM stated that no drinking water sources were on or near the parcels, and there have been “no verified instances of hydraulic fracturing causing adverse effects to groundwate­r in the San Juan Basin.”

But the plaintiffs argued that the BLM failed to take a close look at effects on groundwate­r quality.

Kyle Tisdel, an attorney with the Taos-based Western Environmen­tal Law Center, called the decision “a precedent-setting win.”

A spokesman in the BLM’s Farmington field office could not be reached for comment. The agency could appeal the judge’s ruling.

Residents and organizati­ons submitted 100 letters opposing the lease sale. They alleged that federal agencies were erroneousl­y relying on a 15-year-old BLM resource management plan to “rush to frack Mancos Shale without proper environmen­tal analysis,” the environmen­tal groups said in a statement.

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