Public Lands Clips: September 12, 2023

 

Department of the Interior (DOI)

 

Interior Officials Expressed Alarm Early About Zinke's Ethics — “| Interior Department staffers raised questions early during the Trump administration about then-Secretary Ryan Zinke’s commingling of his public and private lives, newly released documents show — nearly two years before his alleged conflicts of interest helped push him out of the Cabinet. The documents, obtained under a 6-year-old Freedom of Information Act request by POLITICO’s E&E News, underscore how foreseeable — and avoidable — Zinke’s ethical troubles at Interior were. Their release comes as his tumultuous stint atop the agency looms as a potential issue in his reelection campaign for a U.S. House seat in Montana. Career ethics officials’ concerns included the unusually active role that Zinke’s wife, Lolita, was playing at Interior, where she often accompanied her husband on work travel and sat in on department meetings despite having no official position there, according to the 2017 documents and subsequent reporting and investigations. Lolita Zinke was simultaneously in charge of two family-run businesses, Continental Divide International LLC and Double Tap LLC, the lawyers noted, along with a nonprofit foundation that Ryan Zinke had co-founded. The two companies and the foundation would later figure in a controversy that POLITICO first uncovered five years ago: Zinke’s involvement in a proposed real estate development project with the then-chair of Halliburton Co., a major oil field services firm that stood to benefit from the Interior Department’s Trump-era energy policies.” [E&E News, 9/11/23 (=)]

 

Bureau of Ocean Energy Management (BOEM)

 

There She Blows: Interior Whales On Oil Industry With Offshore Leasing Restrictions — “The Interior Department is set to hold Lease Sale 261 on Sept. 27, but oil and gas producers are not happy with the leasing terms and stipulations that Interior has put forth for this sale. Their main issue is with a voluntary settlement agreement the Biden administration entered into with environmental groups in July intended to protect the endangered Rice’s Whale. The settlement puts restrictions on oil and gas vessels and prompted the department to take millions of acres off the table for leasing. Erik Milito, president of the National Ocean Industries Association, joined the podcast to discuss the upcoming lease sale and hurdles the oil industry faces in acquiring the federal acres he says are needed to boost domestic production and help lower oil and gasoline prices. He also touched on the obstacles the offshore wind industry could face from delays in oil and gas leasing as the Inflation Reduction Act created new links between renewable and fossil fuel development. Stick around for Binish Azhar with the Market Minute, a look at near-term oil market drivers.” [S&P Global, 9/10/23 (=)]

 

U.S. Fish and Wildlife Service (FWS)

 

Republicans Accuse Dems Of Flexing Mussels In Border Dispute — “Two previously low-key species of mussels now inhabit political hot water, with 13 House Republicans suggesting that the Fish and Wildlife Service is deploying the Endangered Species Act as an impediment to aggressive Texas border-control tactics. In a letter sent Friday, the lawmakers led by Rep. Jodey Arrington (R-Texas) and Natural Resources Chair Bruce Westerman (R-Ark.) contended there was something ‘highly suspicious’ about the timing of the agency’s July 25 proposal to list the Salina mucket and Mexican fawnsfoot as endangered. The proposed ESA listing includes the designation of about 385 river miles as critical habitat for the two freshwater mussel species. ‘This action will not only impact the State of Texas’ ability to protect the border and its citizens, but also the ability of the U.S. Border Patrol to accomplish its mission of protecting the American people and safeguarding our borders,’ the lawmakers said. The letter to the White House and the Interior Department points, in particular, to the potential implications of an ESA listing for Texas’ installation of buoys in the Rio Grande as a form of aquatic border wall. The Biden administration’s challenge to the state’s buoy plan is now before the 11th U.S. Circuit Court of Appeals.” [E&E News, 9/11/23 (=)]

 

 

States & Local

 

Alaska

 

Mary Peltola's Delicate Balance On Energy, Climate — “Mary Peltola, one of the few pro-oil Democrats in Congress, spent months prodding President Joe Biden to approve the enormous Willow project on the North Slope of Alaska. She was the only Democrat this year to join the pro-fossil fuel Congressional Western Caucus. And when Biden reversed oil and gas leases in her state last week, she said she was ‘deeply frustrated.’ The Alaskan has certainly frustrated some members of her own party and environmentalists — in her 2022 campaign, the national chapter of the League of Conservation Voters declined to endorse her. And yet her voting record from LCV reveals she has mostly joined with Democrats on environmental bills with the exception of a handful of times. Republicans plan to use such votes against her in a seat they are targeting to retake in 2024. Up for a second full term, Peltola finds herself in a tough spot. She represents a state that has long depended on the oil and gas industry for jobs and direct checks to residents. At the same time, the brutal effects of climate change are on full display: The Arctic is melting; permafrost is thawing; coastal villages are moving inland.” [E&E News, 9/12/23 (=)]

 

Biden Admin Cancels Oil, Gas Leases In Arctic National Wildlife Refuge — “The U.S. Department of the Interior announced last week the canceling of oil and gas drilling leases in the Arctic National Wildlife Refuge in Alaska. The leases were previously sold on Jan. 6, 2021, during former president Donald Trump’s term, but were then suspended by the Biden administration in June 2021. The leases would have spanned 10 years and covered 430,000 acres on the Coastal Plain of the refuge. Of the nine tracts sold, two leases were canceled by the lessees after the Biden administration called for a review of the leases. That left seven tracts, with a total of 365,000 acres, which were canceled on Sept. 6. According to the Department of the Interior, a draft from Bureau of Land Management (BLM) and the U.S. Fish and Wildlife Service (USFWS) cited multiple flaws and legal deficiencies in the leasing, including ‘insufficient analysis under the National Environmental Policy Act, including failure to adequately analyze a reasonable range of alternatives and properly quantify downstream greenhouse gas emissions; and failure to properly interpret the Tax Act.’” [EcoWatch, 9/12/23 (+)]

 

Native Alaskans, Wildlife Win Big With Biden’s Cancellation Of Oil And Gas Leases In Arctic Refuge — “The Sacred Place Where Life Begins. That’s what the Gwich’in people call the coastal plain of Alaska where they live. The Porcupine caribou that the Gwich’in have relied on for tens of thousands of years for their subsistence way of life migrate hundreds of miles each spring to give birth to their calves there. So that Gwich’in name rings true. It was that life that the Biden administration protected for years to come with the announcement last week that it was canceling oil and gas drilling leases in the 19.6-million-acre Arctic National Wildlife Refuge and moving to prohibit drilling in another 13 million acres of protected lands bordering the refuge. It wasn’t just the Gwich’in, who have been fighting drilling for nearly 50 years, and the caribou who won. The Inupiaq people who live at the edge of the Arctic Ocean, polar bears, musk oxen, Dall sheep and birds you can find in all 50 states have roots in the Arctic Refuge.” [Chicago Sun Times, 9/11/23 (+)]

 

Biden Cancels Arctic Oil Leases, Benefiting America’s Adversaries — “President Biden is canceling oil leases in the Arctic National Wildlife Refuge. By reducing supply as Russia and Saudi Arabia extend production limits, the move could increase the prices of gasoline, petroleum products, and shipping while giving a gift, so to speak, to foreign producers of energy.” [The New York Sun, 9/10/23 (-)]

 

Editorial: Biden’s Attack On The Oil Supply — “After falling below $70 in late June, the oil price (WTI crude) moved up steadily until the second week of August, when it reached $84 or so. It then slipped back to just below $80 before resuming its climb later in the month. It now stands at around $87, compared with an average of just under $82 in September 2022, an unhelpful comparison for the Biden administration, which is keen to demonstrate that inflation is falling. The average gas price at the pump is also up over its price level a year ago. The increase in the oil price gained additional momentum after the decision last Tuesday by Saudi Arabia and Russia to prolong their production cuts (of 1 million and 300,000 barrels a day, respectively) for another three months, more than expected in the market. While there is unease about what China’s economic woes might mean, demand for oil has been strong, and it’s thought that the Saudis would like to see a price (Brent crude) of around $100. (Brent is currently trading at about $4.50 above WTI.) That the Saudis and the Russians chose again to act in coordination is, after the recent expansion of the BRICS bloc, another reminder that, diplomatically, things are not going as well as they might for the U.S.” [National Review, 9/12/23 (-)]

 

Op-Ed: ‘A Willingness To Circumvent Laws’: Legal Battle Awaits Biden’s Alaskan Oil Crackdown — According to Nick Pope, “The Biden administration’s decision to restrict oil activity in Alaska last week will likely face at least one legal challenge, E&E News reported Monday. The Department of the Interior (DOI) declared Wednesday its intention to retroactively cancel seven leases in the Arctic National Wildlife Refuge (ANWR) owned by the Alaska Industrial Development and Export Authority (AIDEA), asserting that the environmental review process for the Trump-era sales was inadequate, according to E&E News. The AIDEA, a public corporation that promotes economic growth in the state by providing various types of financing, called the cancellations ‘unlawful’ and pledged to fight the decision to invalidate the leases, which total about 365,000 acres. ‘Interior’s action leaves AIDEA one choice, we have to go to court to protect our rights in the ANWR leases.’ AIDEA said. ‘This time, we will ask the court to allow us to conduct discovery that could include taking the deposition of Biden’s messenger, Secretary Haaland and possibly other administration officials involved so the real motives are made public.’” [The Daily Caller, 9/11/23 (-)]

 

New Mexico

 

Op-Ed: Don’t Sacrifice Sacred Lands To The Oil Industry — According to Mark Mitchell, “The Greater Chaco Region, an irreplaceable tapestry of history and sacred significance to the Pueblos and other tribes, stands threatened by the newly introduced H.R. 4374 ‘Energy Opportunities for All Act.’ Veiled as a measure to create economic opportunities, this act seeks to nullify the Department of the Interior’s Public Land Order No. 7923, which withdrew federal land and minerals within an approximately 10-mile withdrawal area encircling the Chaco Culture National Historical Park in New Mexico from new mineral leasing and development for 20 years. The Greater Chaco Region is not merely a tract on a map; it is a sacred repository of our shared cultural heritage. Our ancestors lived and thrived there, establishing intricate ceremonial roads, astronomical observatories and a vast trade network that spread across the continent. The ancestral remnants, petroglyphs and countless other cultural and archaeological resources within the region tell us their stories and form a vital link to our past. We continue to visit this sacred place through song, prayer and pilgrimage and important spiritual beings remain rooted there.” [The Hill, 9/10/23 (+)]

 

New York

 

Interior Advances New York Offshore Wind Projects — “The Biden administration has completed an environmental review of two large offshore wind projects in the shallow waters off the coast of Long Island, with approval likely potentially setting the stage for a conflict with scallop fishermen. The Bureau of Ocean Energy Management proposed approving Equinor ASA and BP PLC’s Empire Wind 1 and Empire Wind 2 projects, according to a final environmental impact statement published Monday. The are the latest push from the White House as it tries to meet its commitment to approve 16 offshore wind arrays by the end of the president’s first term. ‘BOEM is doing its part to meet the Administration’s ambitious energy goals — while remaining diligent in our efforts to avoid, minimize, and mitigate impacts to ocean users and the marine environment,’ said BOEM Director Elizabeth Klein in a statement Monday. Proposed in a wedge of ocean about 14 miles south of Long Island and nearly 20 miles from New Jersey’s shoreline, the Empire projects would include up to 147 turbines — 57 for the first wind farm and 90 for the second wind farm. The turbines stand nearly 1,000 feet tall, from the water’s surface at highest tide to the highest tip of the wind blade. They would sit on monopile foundations, pile driven into the seafloor. Two offshore substations would also be built. Nearly 300 miles of power cables connecting the turbines would be buried beneath the seafloor.” [E&E News, 9/11/23 (=)]

 

West Virginia

 

Feds Taking Public Comment On Oil, Gas Leasing Rules Through Sept. 22 — “The federal Bureau of Land Management is taking public comment on new rules for oil and gas leasing on public lands. The agency has not updated its oil and gas leasing rules in several decades. In the meantime, the cost of remediating and capping abandoned wells has increased. The agency proposes to adjust fees and bonding requirements to keep up with inflation. It also wants to take steps to eliminate non-competitive bid leasing and make oil and gas companies responsible for cleanup rather than taxpayers. The agency is spending $250 million from the Infrastructure Investment and Jobs Act to reclaim abandoned wells nationwide. According to the West Virginia Rivers Coalition, the rules would apply to the New River Gorge National Park and Preserve and the Monongahela National Forest.” [WV Public Broadcasting, 9/11/23 (=)]

 

Washington

 

Washington Department Of Natural Resources Begins Work On Statewide Recreation Plan — “Washington officials are beginning to develop a statewide recreation plan for public land managed by the state Department of Natural Resources. In a news release Monday, DNR announced it was beginning work on the Outdoor Access and Responsible Recreation Strategic Plan, which will guide the agency’s management of access and recreation on the 5.6 million acres it manages statewide. The plan will also be used to support budget requests and set management priorities over the next decade. The agency is beginning the process by engaging with tribes beginning this month. It will hold public town halls on the plan this winter, and it expects to publish the final version of the plan by late summer 2024. Hilary Franz, Washington’s commissioner of public lands, said in the release that the plan will ‘build a framework to maintain and develop opportunities to get outdoors throughout the state.’ ‘Washington state has some of the best outdoor recreation on Earth, and some of its greatest treasures – including Oyster Dome, Mount Si, and Gothic Basin – are on DNR-managed lands,’ Franz said. ‘As both their popularity and our population increase, we need to ensure we can protect these amazing places so that present and future generations can enjoy them.’” [The Spokesman-Review, 9/11/23 (=)]

 

 

Research, Analysis & Opinion

 

Why Native American Tribes Struggle To Tap Billions In Clean Energy Incentives — “The Standing Rock Sioux reservation near the border of North and South Dakota has some of America’s most powerful winds, with 20 mile an hour (mph) gusts regularly scouring its vast plains. The tribe in 2020 launched a plan to harness that energy with what would be the country’s first tribal owned utility-scale wind farm – a project meant to supply jobs, money and electricity to a place where those things are in short supply. The project is at the heart of the Standing Rock Sioux’s long-term economic strategy, and revenue from selling power to the regional grid would replace the reservation’s casino, which nets around $6 million per year, as the biggest source of revenue. The bipartisan infrastructure bill and Inflation Reduction Act (IRA) enacted over the last two years have created enormous opportunities to develop wind and solar projects on tribal lands, offering around $14 billion in subsidies and incentives. The IRA also allows tribes and other tax-exempt entities to access the incentives in the form of a direct payment, instead of a typical tax break.” [Reuters, 9/8/23 (=)]

 

 


 

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