San Francisco Chronicle

Feds’ fracking plan provokes state lawsuit

- By Peter Fimrite

The state of California sued the Trump administra­tion Friday for approving new oildrillin­g leases on federal land in eight Central California counties and the Sierra foothills. It’s the latest step in an ongoing dispute between the federal government and the nation’s most populous state.

State Attorney General Xavier Becerra filed the lawsuit in U.S. District Court in Pasadena, accusing the Bureau of Land Management of illegally failing to consider public health concerns, groundwate­r contaminat­ion, increases in greenhouse gas emissions and the potential for earthquake­s from the drilling method known as fracking.

It claims Trump administra­tion officials also

failed to fully evaluate the environmen­tal impacts of the plan on nearby communitie­s.

“BLM’s decision to advance this halfbaked proposal isn’t just misguided, it’s downright dangerous,” Becerra said in a statement. “The risks to both people and the environmen­t associated with fracking are simply too high to ignore.

“But that’s essentiall­y what BLM is doing,” he said. “We won’t ignore the facts and science when it comes to protecting our people, economy, and environmen­t — and we’re taking the Trump Administra­tion to court to prove it.”

Plaintiffs in the lawsuit include Gov. Gavin Newsom, the California Air Resources Board, the California Department of Fish and Wildlife and the state Department of Water Resources.

The Trump administra­tion gave the goahead in December for new oil and gas leases across more than 1 million acres between Bakersfiel­d and Santa Barbara, the first ones made available by the Bureau of Land Management in the region in five years.

It means hydraulic fracturing, or fracking, will be allowed in Fresno, Kern, Kings, Madera, San Luis Obispo, Santa Barbara, Tulare and Ventura counties. Smaller plots will also be open outside of existing industry sites, including at the edge of Sequoia and Kings Canyon national parks in the Sierra, the Carrizo Plain National Monument in San Luis Obispo County and within 10 miles of Yosemite National Park.

Fracking is when highpressu­re water, sand and chemicals are used to extract oil and gas. The technique makes it easier to tap hardtoreac­h mineral deposits but is known to pollute groundwate­r and even trigger earthquake­s.

The Bureau of Land Management has insisted that the agency would require petroleum companies to develop plans showing that their ventures are economical­ly viable and would not damage the environmen­t before they would be allowed to go forward.

Serena Baker, the spokeswoma­n for the BLM’s Central California district office, said Friday that the agency’s environmen­tal review used the best available informatio­n and only covered leases where there had been previous oil exploratio­n.

She said the agency manages less than 10% of oil and gas operations in California, while the state is responsibl­e for fracking permits, including on BLMmanaged land.

But the plaintiffs claim seven of the eight counties — including Kern County, where 95% of the drilling has traditiona­lly occurred — already do not meet airquality standards for particulat­e matter, ozone or both.

The suit urges the court to set aside the drilling plan because the government’s environmen­tal review failed to consider “a growing body of evidence” that fracking can pollute groundwate­r, release toxins into the air, cause land to sink and trigger lowlevel seismic events.

The Trump plan also ignores the danger to millions of people and imperils species living near the oil and gas wells, increasing the risk of asthma, heart disease, lung disease and cancer in vulnerable, mostly lowincome communitie­s, according to the lawsuit. All of this, and BLM’s failure to consider alternativ­es, mitigation­s or conflicts with state law, violate the National Environmen­tal Policy Act and the Administra­tive Procedure Act, Becerra said.

The environmen­tal “analysis did not make any new public lands or federal minerals available to oil and gas developmen­t, since the available lands have been open to oil and gas developmen­t for more than 30 years,” Baker countered. “It also did not issue any new leases or approve any permits to drill.”

The state’s action comes a few days after six environmen­tal groups, led by the nonprofit Center for Biological Diversity, sued the federal government over the same leases.

“It’s encouragin­g to see Gov. Newsom and other state officials join the battle against the Trump administra­tion’s scheme to unleash a frenzy of fracking and drilling on our beautiful public lands,” said Clare Lakewood, legal director at the Center for Biological Diversity. “California­ns won’t allow the oil industry to pollute our air and water and cripple our efforts to fight climate change.”

The drilling leases are part of a push by the administra­tion to increase fossil fuel developmen­t in California. It is an agenda that has infuriated conservati­onists, California legislator­s and the governor, who have committed to dramatic reduction targets on greenhouse gas emissions, including zerocarbon power generation by 2045.

The state has all but declared an environmen­tal war against the president. Newsom recently halted the approval of hundreds of fracking permits until their ecological impact could be further studied. Conservati­on groups have also filed a lawsuit challengin­g Trump administra­tion plans to allow fracking on an additional 725,500 acres across 11 counties in California’s Central Coast and the Bay Area.

 ?? Jae C. Hong / Associated Press 2015 ?? The federal government is allowing new oil drilling in eight California counties, including Kern, where these rigs pumped in ’15.
Jae C. Hong / Associated Press 2015 The federal government is allowing new oil drilling in eight California counties, including Kern, where these rigs pumped in ’15.

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