Issues

The Lesser Prairie-Chicken and Circumventing Public Oversight. On April 15, 2014 The Hill featured a guest column from Domestic Energy Producers Alliance (DEPA) President Mike McDonald. McDonald commented on sue and settle tactics, specifically the legal battle between the U.S. Fish and Wildlife Service (USFWS) and DEPA. The article notes that the practice of negotiating secret settlements behind closed doors not only affects American energy, but a wide array of other stakeholders. From his column:

“This practice not only affects the independent producers that DEPA represents, but also agriculture, manufacturing and any other endeavor that requires a physical presence in the massive areas these listings encompass. The result is a significant rise in the cost of food, fuel and other consumer products.”

McDonald continues, stating that the recent listing of the Lesser Prairie Chicken under the Endangered Species Act (ESA) was a product of a “sue and settle” agreement brought on by special interest groups. He states:

“Just last month, USFWS complied with one of these ‘sue and settle’ induced deadlines, listing the Lesser Prairie-Chicken as ‘threatened’ under ESA. What’s most disconcerting is that the decision, which could have dire consequences for economic development and private property rights, will provide no additional protection for the Lesser Prairie-Chicken.”

McDonald emphasizes that settlements such as these represent irresponsible regulation with a true aim towards preventing oil and gas development at a time when “energy independence is paramount, not to mention threaten thousands of good, high-paying jobs for Americans in the energy sector.”

Scant Information Exists About NEPA Analyses’ Costs, Benefits. According to a recent report from the Government Accountability Office (GAO), federal agencies do not routinely track the costs of analyses under the National Environmental Policy Act (NEPA). Furthermore, the GAO investigators determined that a government controlled mechanism to account for costs does not exist. From the report:

“Information on the benefits of completing NEPA analyses is largely qualitative. According to studies and agency officials, some of the qualitative benefits of NEPA include its role in encouraging public participation and in discovering and addressing project design problems that could be more costly in the long run.”

In order to meet NEPA requirements, federal agencies must prepare detailed Environmental Impact Statements (EIS). The report highlights the Endangered Species Act (ESA) as a federal law that further complicates the analysis of the costs and benefits of NEPA as the ESA already requires extensive environmental analyses.

U.S. Rep. Rob Bishop (R-Utah) voiced his concern towards the lack of oversight, especially due the expansive nature of NEPA. He states, “This report substantiates concerns that the federal government has no system to track time or costs associated with NEPA, which is one of the most expansive regulatory laws in the country.”

Similar to sue and settle tactics, Bishop is concerned that the use of NEPA is a “litigious weapon” used to delay projects that special interests groups do not approve of. The Independent Petroleum Association of America (IPAA) echoed Rep. Bishop’s statements in that NEPA is not transparent and costly. From IPAA Vice President of Federal Resources & Political Affairs Dan Naatz:

“This report echoes the problems America’s independent producers have encountered when dealing with a variety of federal agencies regarding environmental assessments, environmental impact statements, and categorical exclusions. America’s independent producers continue to struggle to operate on federal lands and NEPA continues to be an opaque barrier for entry for those seeking to develop America’s vast reserves natural gas and oil.”

Comment Period Extended on Greater Sage-Grouse Proposal. Recently, the U.S. Fish and Wildlife Service (USFWS) announced a 60-day extension for the public comment period regarding the Distinct Population Segment (DPS) of the Greater Sage Grouse along the California-Nevada border as an endangered species. The Reno Gazette-Journal reports that the proposed listing includes a clause that would provide more flexible land management practices intended to benefit the Sage Grouse. The extension will allow for more public input as the FWS determines whether to designate approximately 1.86 million acres of habitat for the species.

In Wyoming, the Wyoming Star Tribune published an editorial this week on the state’s efforts to protect the Sage Grouse and its habitat. The editorial highlights that Wyoming has spent $7.9 million on conservation efforts for the bird and that the state-led initiatives have been key to preserving the species as well as allowing important industries to continue operating. The editorial also commends Governor Matt Mead’s administration for their action on environmental and energy issues, stating “As sage grouse protection has shown, it’s tremendously valuable for the state to take ownership of a problem and forge its own solutions.”

In the News

State, feds at odds over prairie chicken. The Topeka Capital-Journal. The greater prairie chicken inhabits the tallgrass prairie of east-central and northwest Kansas. The lesser prairie chicken inhabits the shortgrass prairie of southwest Kansas. While Kansas has one of the most notable populations of the latter within its borders, the U.S. Fish and Wildlife Service recently listed the lesser prairie chicken as a “threatened” species.

Stop the haggling, agree on plan to protect sage grouse. Reno Gazette-Journal (LTE). State leaders are still haggling with one another over what to do about the sage grouse. Meanwhile, the federal government is moving toward listing the bird under the Endangered Species Act.

Livestock Killing Grouse. Magic Valley News (LTE). I resent my federal tax dollars being spent to support an industry (ranching) that not only doesn’t pay its own cost of doing business but destroys our native plants and compacts the ground so only noxious weeds survive. Killing ravens will not bring back habitat for the sage grouse and even removing cattle will not revive the land for decades.

Endangered Species Act to Become More Transparent. Liberty Voice News. Legislators have passed four new amendments to the now 41-year-old Endangered Species Act (ESA) that requires the government agencies involved with the conservation and protection of these creatures to become more transparent to the public about their decisions.

Environmentalists getting rich using ESA. Herald and News. It started in 1986, and by 1990 environmentalists, basically lawyers getting rich using junk science, manipulated the U.S. Fish & Wildlife Service through the courts to get the Spotted Owl listed as endangered under the Endangered Species Act of 1973.

Everything you need to know about the long fight between Cliven Bundy and the federal government. The Washington Post. After endless complaints from ranchers and hunters, Nevada Republican Gov. Brian Sandoval demands the resignation of Kenneth Mayer, director of the Nevada Department of Wildlife. One of Mayer’s biggest projects was deciding whether to add another Nevada animal to the endangered species list, the sage grouse.

Wolf Survey Shows State Management Was Right Move, Says Wyoming Governor. Associated Press. A recent survey showing Wyoming’s wolf population is stable proves ending federal protections for the animals and placing them under state management was the right move, Gov. Matt Mead said Tuesday.