The Denver Post

Public-land leases challenged

A lawsuit filed Thursday targets leases in Colo., Wyo. and Utah.

- By Bruce Finley

Environmen­talists launched a legal fight Thursday challengin­g federal government leasing to oil and gas companies of nearly 400,000 acres of public land in Wyoming, Utah and Colorado.

Their lawsuit, filed in federal court, contends Bureau of Land Management officials failed to disclose the foreseeabl­e environmen­tal impact and billions of dollars in societal costs of oil and gas extracted from public lands. It demands that the BLM conduct full environmen­tal impact analyses, as required under the National Environmen­tal Policy Act, before leasing rights to drill.

“This is one of the greatest environmen­tal and social justice challenges we face,” WildEarth Guardians attorney Tim Ream said after he and colleagues based in western states filed the lawsuit in U.S. District Court in Washington, D.C. “In a nutshell, the government has been hiding the climate change impacts of its oil and gas leasing program using public land.

“What is the cost to society? … The government is legally required to disclose impacts of oil and gas lease sales of public land on the environmen­t. Climate change and emissions impacts have to be disclosed.”

Oil and gas industry leaders denounced the lawsuit, calling it naive. BLM officials said they’re aware of it.

“Although we do not provide comment on pending litigation, the BLM has been working over the last several years to update and modernize the rules governing its oil and gas program,” the BLM said in an e-mailed response to Denver Post queries. “The BLM will continue to work with lessees and operators to implement best management practices and to promote safe and efficient operations and minimize impacts to the environmen­t.”

Physicians for Social Responsibi­lity is backing the lawsuit, which targets 397 Obama administra­tion leases that cover 379,950 acres of public lands in Colorado, Wyoming and Utah. Attorneys said they may broaden the lawsuit to include public land in Montana, New Mexico and other states.

Leases give companies rights to drill and frack. In recent years, public land including terrain in Colorado’s Rocky Mountains and along the Front Range near Denver, in Utah’s red rock canyons and in archaeolog­ically significan­t areas such as New Mexico’s Chaco Canyon has been leased for industrial developmen­t.

Obama administra­tion officials have sold leases granting access to an estimated 10 million acres of public land for as little as $2 per acre, the environmen­talists say. They argue that nearly 10 percent of U.S. energy-related pollution of the atmosphere is linked to extraction of oil and gas from public lands.

Gov. John Hickenloop­er, on an industry “power lunch” panel Thursday, said he hadn’t reviewed the lawsuit but addressed the issue.

“We see in many cases, with the Department of the Interior, no matter what they do they are going to get sued,” Hickenloop­er said.

Western Energy Alliance officials have taken a stand “to remind BLM and the Interior Department” that current federal law requires oil and natural gas leasing to move forward.

“WildEarth is trying to force the government to violate the law,” WEA vice president Kathleen Sgamma said, denouncing “keep it in the ground” actions by environmen­tal lobbyists.

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