Issues
Occidental Petroleum Enrolls 1.8 Million Acres to Support Recovery of the Lesser Prairie Chicken. This month, Occidental Petroleum (Oxy), alongside a diverse coalition of state wildlife agencies, conversation interests, private landowners and others in the energy industry, invested in developing innovative strategies to conserve the Lesser Prairie Chicken (LPC) and avoid a federal listing under the Endangered Species Act (ESA). Oxy was one of the first representatives of the oil and gas industry to participate in the Lesser Prairie Chicken Range-wide Conservation Plan (RWP), a plan created in conjunction with the Western Association of Fish & Wildlife Agencies (WAFWA) and the U.S. Fish and Wildlife Service (USFWS).
The RWP is a voluntary program that adds an element of certainty to the unpredictable nature of ESA rules and regulations. As the Private Land Owner Network reports, Oxy’s commitment to the plan provides a substantial opportunity to conserve and protect the LPC without a federal listing:
“A leader for LPC conservation within the oil and gas industry, Oxy has committed $12 million over a three-year period to fund species recovery efforts for private landowners who need financial assistance with their own conservation efforts through the Range-wide Plan, in addition to the 1.8 million acres of its own land enrolled in conservation programs. Many other companies are also enrolling acreage to support lesser prairie chicken conservation.
“Enrollment in the RWP by Oxy and other companies will provide them certainty in the uncertain world of Endangered Species Act rules and regulations. Not knowing if the LPC will be listed as a threatened species under the ESA, and what specific regulations they could face in the event of a listing, had made it difficult for Oxy, and others in the industry, to plan ahead.”
As the Odessa American News reports, the RWP currently represents fourteen utility companies, eight oil and gas companies, two wind energy developments, and one natural gas pipeline, covering 2.5 million acres of land with $15 million invested in conservation efforts so far.
PLA, IPAA and Others Send Letter on Regional Mitigation to Secretary of the Interior and BLM. On March 11, Public Lands Advocacy (PLA), the Independent Petroleum Association of America (IPAA), the Western Energy Alliance and others submitted a letter to the Bureau of Land Management (BLM) regarding the Instruction Memorandum No. 2013-142 (IM) and preparation of Draft Regional Mitigation Manual Section 1794 (Draft MS). The signing parties highlighted their concern that the recent IM and Draft MS are significantly different than BLM’s past policy which places a priority on mitigating impacts of projects and public lands onsite.
The Draft MS describes regional mitigation as:
“A landscape-scale approach to mitigating impacts to resources and values managed by the BLM, from authorizations approved by the BLM…A regional approach to mitigation occurs across the landscape and focuses on attaining the highest mitigation benefit, regardless of land ownership.”
The signing parties, however, state that “both the IM and the Draft MS create profoundly altered policies and procedures that would impose newly created regional off-site mitigation strategies on public land users.” The letter also notes that the Draft MS “side-steps the regulatory review process by formulating and implementing far-reaching land management changes through a policy document instead of a proposed rule.” The letter also concludes that the Draft MS is inconsistent with existing laws and exceeds the BLM’s authority.
Industry Development in the West Collides with Endangered Species Act. This week, the Wall Street Journal editorial board covered the dynamic between federal lands in the West, rich with oil and natural gas resources, and the Endangered Species Act (ESA). According to the editorial, environmental activists along with the Department of Interior (DOI) are using the ESA to “attempt one of the largest land grabs in modern times” via legal settlements with the DOI. Of the 757 species that could be added to the protected list by 2018 due to these settlements, the Greater Sage Grouse and the Lesser Prairie Chicken would have a tremendous impact on private development. The editorial board notes that the economic effects of listing these two species would be enormous and would stand in “direct conflict with the economic boon the West is enjoying from shale gas and oil development.” A final decision on the Lesser Prairie Chicken is expected at the end of the month, while the Greater Sage Grouse determination is expected next year.
A guest column in the Las Vegas Sun also reports that, as a result of critical habitat designations, the U.S. Fish and Wildlife Service (USFWS) can regulate any activity — on public or private land — and that vital land use activities in Nevada would be impacted including mining, grazing, recreation, urban development and renewable energy. Development projects and other proposed land uses will also be delayed or stopped entirely.
In the News
Tighter grouse controls might satisfy Fish and Wildlife. The Daily Sentinel. The Bureau of Land Management may tighten its proposed human disturbance cap in priority greater sage-grouse habitat from 5 percent to 3 percent in northwest Colorado. It is trying to get the plan to the U.S. Fish and Wildlife Service as that agency works to decide by a court deadline of September 2015 whether to list the bird for protection under the Endangered Species Act — which the BLM hopes to prevent the need for through its land management efforts.
Obama admin says bill could have ‘numerous unintended consequences’. E&E News. The Rules Committee yesterday said it would allow votes on three amendments, including one by Polis that would restrict the bill to only ski area permits. There will also be a vote on a Tipton amendment to clarify that the bill won’t affect Bureau of Reclamation contracts, implementation of the Endangered Species Act or certain existing federal reserved water rights, among other provisions.
Interior to launch sage grouse database to aid listing decision. E&E News. The Interior Department this summer plans to unveil an online conservation database to help it decide whether to list the greater sage grouse as a threatened or endangered species. The sage grouse conservation database is being developed jointly by the Fish and Wildlife Service and the U.S. Geological Survey and will allow state and federal agencies, nonprofits, and landowners to catalogue what they’ve done to preserve the bird and its sagebrush habitat.
Improving the Endangered Species Act for the 21st century. Daily Caller (Op-Ed). Over forty years ago, Congress passed the Endangered Species Act (ESA) with the noblest of intentions – conserve and recover wildlife facing preventable extinction. But with a species recovery rate of only two percent, the ESA has proven to be ineffective at protecting truly imperiled species and has unnecessarily hurt people’s livelihoods in the process.
Governor applauded for stance on wildlife. The Daily Sentinel (Op-Ed). The Endangered Species Act has been hijacked by some so-called “environmental” groups at the national level as a way to stop all the activities they don’t like on public and private lands. This will continue until the states stand up and say that enough is enough.
Barnidge: Not much to like about Gov. Jerry Brown’s twin tunnels plan. Contra Costa Times. The state’s already spent $276 million on economic impact reports. Another $1.25 billion is earmarked for project planning. But two big obstacles stand in its way: state environmental regulations and the federal Endangered Species Act.
Lawsuit demands BLM allow more Oregon logging on former O&C lands. Associated Press. Another timber industry lawsuit is demanding that the U.S. Bureau of Land Management increase logging on the so-called O&C lands of Western Oregon. The American Forest Resource Council and others filed the lawsuit Friday in U.S. District Court in Washington, D.C. That law makes timber production the top priority, and shares two thirds of the federal revenues with timber counties. The timber industry has long argued that subsequent laws like the Endangered Species Act don’t apply.
Lesser prairie chicken: NM landowners ‘insulated’ if endangered species listing proceeds. Current-Argus News. Listing of the lesser prairie-chicken under the Endangered Species Act appears imminent, but landowners across Southeastern New Mexico appear to be insulated from the decision’s potential impacts. New Mexico was the first of five states where the lesser prairie-chicken has historically called home to pre-empt the ESA listing by having farmers and industry agree to voluntarily act to preserve habitat.
Private water rights bill clears House. The Hill. The water bill was amended to clarify that the bill would not affect Bureau of Reclamation contracts, implementation of the Endangered Species Act, existing reserved federal water rights and authorities under the Federal Power Act.
House passes GOP bill curbing government’s leverage over public land users. E&E News. The House yesterday adopted by voice vote an amendment to clarify that the bill won’t affect Bureau of Reclamation contracts, implementation of the Endangered Species Act or certain existing federal reserved water rights, among other provisions. But Rep. Peter DeFazio (D-OR), on the Natural Resources Committee, said the amendment left out the government’s oversight of important resources like national parks. He called it a “poorly written bill” that would die swiftly in the Senate.
