(CN) – Oil and gas companies that want to drill in sensitive areas must consider not just the environmental and archaeological impact of each well, but also the cumulative impact of wells in the area, a 10th Circuit panel ruled Tuesday – finding that for hundreds of wells drilled in the past 15 years, that didn’t happen.
“The implications of this case are broad, and I think it
represents more than a bump in the road,” said Kyle Tisdel, a Western
Environmental Law Center attorney who represented four nonprofits in their 2015
challenge of the permitting process for more than 350 wells in the San Juan
Basin near the spot where Arizona, Utah, Colorado and New Mexico meet.
To issue a permit for a well, the government must conduct an
environmental assessment to determine if the well would have significant
impact, no significant impact, or should be abandoned. They must consider
individual wells’ impact and the cumulative effect of all the wells on the
environment and archaeological sites.
“They failed to do that,” Tisdel said.
The nonprofits – Dine Citizens Against Ruining Our
Environment, San Juan Citizens Alliance, WildEarth Guardians, and Natural
Resources Defense Council – sued the Bureau of Land Management, the Department
of Interior and their chiefs in federal court seeking to block hundreds of
wells. The oil companies that hold drilling leases intervened in the case.
The BLM oversees much of the public land in the San Juan
Basin, where private oil and gas companies have been drilling for more than 60
years. The advent of fracking – injecting water into the ground under high
pressure to fracture rock, allowing gas or oil to escape more easily – has
increased that drilling, leading the BLM in 2003 to envision almost 10,000 new
wells in the area through the mid-2020s.
The nonprofits argued the oil companies got Bureau of Land
Management drilling permits in violation the National Environmental Policy Act
and the National Historic Preservation Act, which governs preservation of
archeological sites. But a federal judge denied their 2015 bid to block the
wells, finding the BLM had complied with both environmental and archaeological
On appeal, the 10th circuit panel found the BLM has
shirked its duty to conduct environmental assessments for nearly 4,000 wells.
“(The BLM) analysis of the cumulative impacts on water
resources does not address the water consumption associated with the 3,960
reasonably foreseeable Mancos Shale wells,” U.S. Circuit Judge Mary Beck
Briscoe, a Bill Clinton appointee, wrote for the panel.
“As to these five environmental assessments, the BLM was
required to, but did not, consider the cumulative impacts on water resources
associated with drilling the 3,960 reasonably foreseeable horizontal Mancos
U.S. Circuit Judges Jerome A. Holmes, a George W. Bush
appointee, and Monroe G. McKay, a Jimmy Carter appointee, joined the opinion.
The BLM must now a conduct proper analysis of the five environmental assessments.
Tisdel, the nonprofits’ attorney, said more legal action may
be necessary since work has continued in the area while litigation was pending.
“There have been hundreds of permits issued in the area that
are subject to the same requirements as these wells,” he said.
A spokesman for the Justice Department, which represented
the U.S. government in the case, did not return messages seeking comment.
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