Get News & Views Updates
Most Popular This Week
Popular content
Today's Top News
3 Utah Counties, Oil Companies Sue Interior
Three petroleum companies and three Utah counties are suing the U.S. Interior Department, alleging that Secretary Ken Salazar broke the law in setting aside 77 disputed oil and gas lease parcels in the Beehive State.
The twin lawsuits, filed this week in U.S. District Court in Salt Lake City, argue that federal mining law required the Bureau of Land Management to proceed with issuing leases to winning bidders after a Dec. 19 auction at the BLM's Utah headquarters, which was disrupted by Tim DeChristopher (AFP/Getty Images/Chris Hondros) The twin lawsuits, filed this week in U.S. District Court in Salt Lake City, argue that federal mining law required the Bureau of Land Management to proceed with issuing leases to winning bidders after a Dec. 19 auction at the BLM's Utah headquarters.
The plaintiffs -- Uintah, Carbon and Duchesne counties and Impact Energy Resources of Colorado, Peak Royalty of Utah and Questar Exploration and Development of Texas -- claim the BLM had to issue the leases within 60 days of the auction.
But those claims could be rejected for lack of standing and the plaintiffs' inability to prove harm, a conservationist attorney said Thursday.
The Dec. 19 auction already was in federal court that day because the Southern Utah Wilderness Alliance and several other conservation groups had sued to stop it. Ultimately, the groups successfully argued the BLM didn't properly follow environmental law when setting up the sale of 77 parcels on 103,000 acres of public land near Arches and Canyonlands national parks, Dinosaur National Monument and Nine Mile Canyon.
Soon after it commenced, the auction fell into disarray when University of Utah student Tim DeChristopher won 14 bids with no intention of paying for them as a protest against Bush administration drilling policies. BLM Deputy Director Kent Hoffman afterward allowed any of the bidders to withdraw, if they wished, with no penalty.
On Jan. 17, a federal judge issued a temporary restraining order against the auction, finding fault with BLM's air-quality and historic-preservation analyses. The BLM subsequently returned the legitimate bidders' money.
On Feb. 4, shortly after his confirmation, Salazar announced he would shelve the 77 disputed leases pending "a fresh look" at the adequacy of BLM's environmental reviews. At the same time, Salazar refused to bar the parcels permanently from drilling.
Mike Lee, Gov. Jon Huntsman Jr.'s former general counsel and attorney for the counties, said even though Salazar made his move after the federal judge's ruling, that didn't give him the authority to suspend the leases.
Salazar's action, Lee said, harmed the counties' economies because they base their budgets on oil and gas royalty revenues as well as taxes realized from gas-field jobs.
"These are local economies, small communities heavily dependent on ... oil and gas production," Lee said Thursday. "It's not just money going to some fat cats."
The Denver-based attorneys for the oil and gas companies didn't respond to a request for comment. Nor did the BLM. But the agency repeatedly has said it is not bound to issue leases just because someone won a bid. If individuals or organizations have protested the leases -- and all of the 77 parcels were under protest -- the BLM must resolve the objections before issuing the leases, a task that can take years.
While SUWA is not a party to the latest lawsuits -- not yet, anyway -- attorney Heidi McIntosh said she doubted the counties or drillers would get far with their claims.
"The counties are trying to base the lawsuit on speculative injury to someone else," she said.
The real crux of the issue is the restraining order, which bars the Interior Department from finalizing the leases, McIntosh said. "Secretary Salazar cannot reinstate those leases at this point."
- Posted in
Comments
Note: Disqus 2012 is best viewed on an up to date browser. Click here for information. Instructions for how to sign up to comment can be viewed here. Our Comment Policy can be viewed here. Please follow the guidelines. Note to Readers: Spam Filter May Capture Legitimate Comments...



6 Comments so far
Show AllCorporations have no legitimate right to litigate.
"These are local economies, small communities heavily dependent on ... oil and gas production," Lee said Thursday. "It's not just money going to some fat cats."
That's the same lame claim they've been using for years out here in the Rocky Mountain west. It's bullshit because most of those "small communities" wouldn't exist if it wasn't for extractive industries setting up shop, exploiting so-called natural resources.
Let's be honest and call them what they are, temporary trailer towns, mining camps.
The people who work there are often transplants from Texas, Oklahoma, Louisiana or wherever. Once their work is done, they move on to the next resource extraction job.
Sure they also often employ (or more accurately, exploit) the local Navajos, Hopis, Utes, Paiutes, and Shoshones. But their wages are often piss poor, and their long term health is greatly compromised.
These projects really don't help any true local economies, but ultimately leave them in ruins. And what does America get in return? Spoiled landscapes, polluted air, health problems and a few more days to run our lawn mowers and ORV's.
We're already entering a serious possibility of Peak Oil and even Peak Gas not far off. We could replace all our crude oil with hempseed oil which grows just about anywhere although we'd have to first kill the war on drugs first. And since hemp can be grown just about anywhere and doesn't need much land to generate the basic fuel needs, it's great for the local economies. Big Oil and Big Gas are trying to play us for fools. I'm glad to see some people in the Rocky Mountain West fighting back. I take that they have already seen the long term environmental consequences in states such as WV, TX, OK, LA, and AK where the economy is actually very fragile and unstable.
A group of friends and I are doing research now on how to make ethanol to fuel our cars. Some in our group are running waste vegetable oil in their diesel rigs. We've already thumbed our noses at Big Oil. There are also several of us, same group of friends, though not me, who are now card carrying medical marijuana users. So progress is being made.
I highly recommend a book by David Blume: Alcohol Can Be A Gas!
In it he explains in a very fun way how we can fuel our personal vehicles with ethanol made from anything from hemp on degraded lands to cattails in sewage treatment lagoons. Take a look at his website:
http://www.permaculture.com/
Bush appointed lots of federal judges and conservatives want to tie the administration's hands with lawsuits and nuisance lawsuits on environmental and other issues.
We should send messages to support Salazar. It is important to give some support, even moral support, when someone in government does the right thing.
Joe