Late last week, the Bureau of Land Management ("BLM") filed an answer in an action challenging its sale of oil and gas leases in California. A copy of the answer may be found here.
BLM's answer was filed in a lawsuit on which we first reported in December. Filed by the Center for Biological Diversity ("CBD") and the Sierra Club, the lawsuit seeks to overturn BLM's sale of oil and gas leases in Monterey and Fresno counties, charging BLM with having failed to evaluate the impacts of oil and gas development. More specifically, plaintiffs allege that such development will negatively impact various species and their habitats due to the effects of hydraulic fracturing, or fracking, oil spills, and methane leakage. Additional details regarding the lawsuit may be found here.
Plaintiffs filed an amended complaint at the end of December. The amended complaint did not materially alter the allegations of the original complaint. BLM filed its answer on February 24. Not surprisingly, the answer denies the essential elements of the amended complaint. With respect to plaintiffs' concerns regarding fracking, BLM avers that the lease sale did not approve any particular drilling method, including fracking. BLM acknowledges generally that fracking uses large volumes of water and can result in emissions of gasses and particulate matter, as plaintiffs allege, but denies the specific allegations of the amended complaint. BLM also denies that the lease sales complained of by plaintiffs will cause harm to species or the environmental from oil spills or methane leakage. Ultimately, BLM denies that plaintiffs are entitled to any relief from the court and requests that the action be dismissed.
We will continue to monitor significant developments in this action, particularly with respect to its potential impact on the practice of fracking in California.
For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.
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Showing posts with label Sierra Club. Show all posts
Showing posts with label Sierra Club. Show all posts
Tuesday, February 28, 2012
Friday, December 9, 2011
Environmental Groups Challenge BLM Oil and Gas Leases
Yesterday, the Center for Biological Diversity ("CBD") and the Sierra Club filed a federal action in the Northern District of California challenging the Bureau of Land Management's ("BLM") leasing of property in Monterey and Fresno counties for oil and gas development. A copy of the action may be found here.
The suit arises from BLM's September 14, 2011, lease of three oil and gas parcels totaling approximately 2,500 acres to Vintage Production California, LLC, Lone Tree Energy & Associates, LLC, and a private individual. In the suit, CBD and the Sierra Club allege that BLM's decision to lease the land violates the National Environmental Policy Act ("NEPA") and the Mineral Leasing Act of 1920. Specifically, the suit contends that "BLM relied upon an environmental assessment ('EA') prepared pursuant to NEPA that failed to analyze many of the significant environmental effects of the oil and gas development that could occur upon development of the leases," citing concerns for endangered and sensitive species in the area. The suit also warns of potential impacts to water quality and other resources that allegedly result from hydraulic fracturing, or “fracking,” a method of oil and gas extraction that may be employed in the leased areas. It also complains that oil and gas activity on the property may result in spills and habitat contamination and emissions of methane gas. Ultimately, CBD and the Sierra Club seek to overturn the leases.
The central legal defect alleged by CBD and the Sierra Club centers on BLM's decision to prepare an EA and a Finding of No Significant Impact, or "FONSI," rather than prepare a full Environmental Impact Statement ("EIS"). The environmental groups filed a protest to BLM's decision to proceed with the oil and gas lease sale without an EIS. BLM dismissed their protest and proceeded with the sale, leading to yesterday's filing. Additional information may be found on BLM's website for its Hollister office.
For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.
The suit arises from BLM's September 14, 2011, lease of three oil and gas parcels totaling approximately 2,500 acres to Vintage Production California, LLC, Lone Tree Energy & Associates, LLC, and a private individual. In the suit, CBD and the Sierra Club allege that BLM's decision to lease the land violates the National Environmental Policy Act ("NEPA") and the Mineral Leasing Act of 1920. Specifically, the suit contends that "BLM relied upon an environmental assessment ('EA') prepared pursuant to NEPA that failed to analyze many of the significant environmental effects of the oil and gas development that could occur upon development of the leases," citing concerns for endangered and sensitive species in the area. The suit also warns of potential impacts to water quality and other resources that allegedly result from hydraulic fracturing, or “fracking,” a method of oil and gas extraction that may be employed in the leased areas. It also complains that oil and gas activity on the property may result in spills and habitat contamination and emissions of methane gas. Ultimately, CBD and the Sierra Club seek to overturn the leases.
The central legal defect alleged by CBD and the Sierra Club centers on BLM's decision to prepare an EA and a Finding of No Significant Impact, or "FONSI," rather than prepare a full Environmental Impact Statement ("EIS"). The environmental groups filed a protest to BLM's decision to proceed with the oil and gas lease sale without an EIS. BLM dismissed their protest and proceeded with the sale, leading to yesterday's filing. Additional information may be found on BLM's website for its Hollister office.
For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.
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