Public Lands Clips: January 22, 2024

 

 

Senate

 

Whitehouse Sets Hearing On Fiscal Effects Of Warming Oceans — “The Senate Budget Committee’s next hearing tying climate change to economic instability will take aim at the vulnerability of ocean-based industries in the face of global warming. The hearing — titled ‘Warming Seas, Cooling Economy: How the Climate Crisis Threatens Ocean Industries’ — will give Chair Sheldon Whitehouse (D-R.I.) a platform to probe the repercussions of the climate crisis on commercial fishing activities and marine tourism alike. As the oceans have warmed with the shifting temperatures, certain fish species have sought refuge in cooler waters, severely disrupting supply chains. Climate change is damaging coral reefs, jeopardizing businesses that rely on those reefs to draw divers and swimmers. It’s a topic Whitehouse has spoken on in the past, notably in July 2023 floor remarks delivered as the 289th address in his long-running ‘Time To Wake Up’ series of speeches about the perils of the climate crisis.” [E&E News, 1/22/24 (=)]

 

House

 

Westerman Advances Public Lands Bill — “A U.S. House of Representatives committee on Wednesday advanced a legislative package addressing a myriad of outdoor recreation issues, including public land access and related infrastructure. The House Natural Resources Committee approved the Expanding Public Lands Outdoor Recreation Experiences Act through unanimous consent during a markup, more than a month after the legislation’s introduction. The measure now advances to the full House. Rep. Bruce Westerman, R-Ark., introduced the legislation alongside Rep. Raul Grijalva, D-Ariz., and a bipartisan bloc of House members after Congress’ Thanksgiving break. Westerman, of Hot Springs, and Grijalva serve as chairman and ranking member of the House Natural Resources Committee, respectively. ‘This is something we should be able to get signed into law,’ Westerman told the Arkansas Democrat-Gazette after Wednesday’s hearing.” [Camden News, 1/19/24 (+)]

 

 

 

Bureau of Land Management (BLM)

 

In Hot Pursuit Of Renewables, Feds Propose More Lands For Solar Development — “The Bureau of Land Management on Wednesday released a draft proposal to update its Western Solar Plan, a strategic roadmap for solar energy development that could make as much as 22 million acres of federal land eligible for utility scale projects. The updated proposal incorporates lands in five additional Western states — counting Wyoming, which is identified as a top 10 U.S. state for solar potential. It’s the latest in the Biden Administration’s hot pursuit of renewables, and it underscores the pivotal intersection of public lands and solar energy in the administration’s target to reach a 100% clean electric grid by 2035. The release comes in tandem with announcements from the Interior Department of newly approved or completed solar projects in California, Nevada, and Arizona, bringing thousands more clean megawatts online in a threshold year when renewable electricity — for the first time on record — is expected to surpass coal-fired power generation.” [Casper Star-Tribune, 1/19/24 (+)]

 

US May Open More Sites For Solar On Western Public Lands — “The US Department of the Interior (DOI) on Wednesday unveiled a draft plan to update existing policies for solar power deployment on federal lands and proposed 22 million acres (8.9 million ha) in Western states to be made open for development. The identified areas are located in 11 western states. Included in the list are six states from the Obama-introduced policies, as well as five new ones – Idaho, Montana, Oregon, Washington and Wyoming. The already established special zones are Arizona, California, Colorado, Nevada, New Mexico and Utah. The expansion was proposed after the existing Western Solar Plan created in 2012 was revised by the Bureau of Land Management (BLM). According to the agency, changes were needed in view of the advances in technology and the growing interest in solar deployment in the northern states. Taking into account forecasts for national clean energy needs, it also estimates that roughly 700,000 acres of public lands would be needed to meet the country’s climate targets.” [Renewables Now, 1/19/24 (+)]

 

Ariz. Tribes Say Power Line Project OK Imperils Sacred Areas — “A coalition of Arizona tribes and conservationists has sued the U.S. Department of the Interior over its approval of a major power transmission line project running through the state, claiming it failed to conduct a legally adequate inventory of historic properties and cultural resources that would be affected. In a complaint filed Wednesday in Arizona federal court, the Tohono O’odham Nation and San Carlos Apache Tribe, alongside the Center for Biological Diversity and Archaeology Southwest, accused the DOI’s Bureau of Land Management of having issued limited notices to proceed to SunZia Transmission LLC, authorizing its partial construction of a massive high-voltage transmission line in late September and November 2023 based on a deeply flawed consultation process. The BLM officially gave the go-ahead for the SunZia Southwest Transmission Project in mid-May, more than 15 years after the project was first proposed. In whole, the project encompasses two high-voltage power lines running more than 500 miles across federal, state and private land between central New Mexico and south-central Arizona, including the San Pedro Valley, that will carry up to 4,500 megawatts of mostly wind energy.” [Law360, 1/19/24 (=)]

 

Interior Didn’t Consult With Tribes For SunZia Line, Suit Says — “Tribes and conservation groups are challenging the Interior Department’s approval of a high-voltage transmission line expected to cut through Arizona’s San Pedro Valley. The SunZia Southwest Transmission Project will cause ‘serious, irreversible adverse effects on Tribal cultural sites and sacred areas,’ the Tohono O’odham Nation, the Center for Biological Diversity, and others told the US District Court for the District of Arizona. Construction and other ground-disturbing activities will negatively affect the plants, animals, and water resources that are sacred to the tribes, the complaint said.” [Bloomberg Law, 1/19/24 (=)]

 

US Department Of The Interior Announces Updated Clean Energy Plan, But Not All Companies On Board — “Recently, the Department of the Interior announced its updated Western Solar Plan, an effort to expand clean energy in the western United States. Acting Deputy Secretary of Interior Laura Daniel-Davis explained reasons for the initiative, citing concerns about climate change as the driving force behind it. ‘The president has been crystal-clear,’ Daniel-Davis said. ‘The time to act on climate is now. Climate change poses an existential threat, not just to our environment, but to our health, our communities, and our economic well being. ‘As we look to stem the worsening impacts of the climate crisis, we know that clean energy, including transmission lines, solar energy, and storage projects on public lands, is helping communities across the country be part of the climate solution, while creating good paying jobs.’ This joint goals of climate responsibility and economic opportunity, Daniel-Davis said, is essential to the updated Western Solar Plan.” [Herald/Review Media, 1/19/24 (~)]

 

 

 

U.S. Forest Service (USFS)

 

Forest Service Wants Public Comments On Old-Growth Forest Protections — “The timber industry is pushing back against the Biden administration’s proposal to limit commercial logging in the nation’s last old-growth forests. The move announced last month would put restrictions on harvesting within a small fraction of lands managed by the U.S. Forest Service. Josh Hicks, conservation director for The Wilderness Society, sees the proposal as an important step to conserve the remaining 8% of old-growth forests so they can do what they do best: store carbon and stabilize ecosystems. ‘After centuries of logging, and now more recently climate-driven impacts from severe wildfire and drought, there’s not a lot of old growth left in the country or in Colorado,’ Hicks pointed out. ‘It’s just a fraction of what it used to be.’ Forests absorb carbon pollution directly from the air, and are seen as an important tool for mitigating climate change. But industry groups worry the proposal will prompt lawsuits aiming to block logging projects, including those seen as necessary to reduce the scale of wildfires. Some environmental groups say protections should be extended to mature forests currently managed for timber production.” [Public News Service, 1/22/24 (=)]

 

 

 

Federal Watchdog To Probe Coal Companies Over Cleanup Worries — “A federal watchdog as soon as March will begin investigating whether cash-strapped coal companies are idling mines to dodge cleaning up former, polluted sites that pose a threat to public health and the environment. The Government Accountability Office has accepted a request from Senate and House Democrats to probe whether mining companies are avoiding reclamation through long-term idling of coal mines across the country. ‘We will start this job in March or April 2024,’ said Cardell Johnson, director of the natural resource and environment team at GAO. ‘I cannot say when we will complete the work. It depends on the scope of the work and access to information from agency officials.’ Cardell said most of the agency’s engagement wraps up within 14 months, but the scope and time frame is determined once that activity is underway. The probe was prompted by Democratic Sen. John Fetterman of Pennsylvania, whose state is home to thousands of abandoned mines, and Rep. Raúl Grijalva (D-Ariz.), ranking member of the House Natural Resources Committee, and other Democrats, who asked GAO last fall to investigate the matter.” [E&E News, 1/19/24 (+)]

 

 

 

Does Sackett Clip EPA’s Wings On Permits, Water Rules? — “Months after the Supreme Court stripped federal protections for over half the nation’s wetlands, scientists and legal experts are raising new concerns about how the ruling could affect permits for pollutants in rivers and streams. In a major shift in federal regulations for water, the high court ruled last year that only wetlands with a continuous, visible connection to a ‘relatively permanent’ body of water are protected by the Clean Water Act. While the Sackett v. EPA ruling cleared the way for developers and property owners to drain millions of acres of wetlands without a permit, it could have a secondary effect on how states regulate nutrients and toxic chemicals, including PFAS, that spill into waterways. Simply put, Sackett is ‘not just about wetlands, wildlife habitat and open space,’ said Kyla Bennett, a former wetlands permit reviewer at EPA. ‘This is about, ‘Are we going to have enough clean water to drink?’ And the answer is, ‘No, we’re not,’ said Bennett, who now oversees science policy and New England issues at the nonprofit Public Employees for Environmental Responsibility.” [E&E News, 1/19/24 (=)]

 

Billings Gazette | Conservation Groups Join Corner Crossing Case — “Calling a Wyoming landowner’s lawsuit ‘unlawful and unjust’ in an attempt to prosecute four hunters who crossed onto public land where the corners meeting, four environmental and conservation groups filed an amicus brief in the U.S. Court of Appeals for the Tenth Circuit on Friday. The groups include Great Old Broads for Wilderness, GreenLatinos, Sierra Club and Western Watersheds Project. … The groups are the latest to step into the hotly contested lawsuit — Iron Bar Holdings, LLC v Bradly Cape, et al — that could affect access to 8.3 million acres of public land in the West. In November, the United Property Owners of Montana filed an amicus brief with the court in favor of Eshelman’s arguments. Taking the opposite side of the argument is Thomas Delehanty, an attorney for Earthjustice. Delehanty wrote in his brief, ‘Iron Bar’s lawsuit aims to exclude the public from public land near Elk Mountain so that its multi-millionaire owner can have it for himself. This maneuver is part of a broader pattern across the West of private landowners attempting to control public land access via threats, force, and other unlawful methods.’” [The Lewiston Tribune, 1/19/24 (=)]

 

 

 

Fossil Energy

 

ExxonMobil Sues To Block Shareholder Climate Petition — “ExxonMobil has filed a lawsuit to try to stop a shareholder climate resolution from going to a vote at its annual investor meeting, in a first for the US oil major that marks an escalation in the battle between companies and environmental activists. Exxon is suing Follow This, an Amsterdam-based investor activist group, and Arjuna Capital, a registered investment adviser, in an attempt to block a motion they have put forward calling on the company to accelerate the pace of reductions in greenhouse gas emissions. Companies rarely go to court to block shareholder motions, and Exxon’s case marks the first time it has done so. It highlights a growing sense of frustration in some corporate circles with the Securities and Exchange Commission, the US financial regulator, which has been criticised for allowing too many motions by environmental activists to be voted on at annual meetings.” [Financial Times, 1/21/24 (=)]

 

U.S. Oil Giant Exxon Mobil Sues Activist Investors To Prevent Climate Proposals — “KEY POINTS Exxon Mobil filed a lawsuit against U.S. and Dutch activist investors to stop them from filing climate proposals during the oil giant’s shareholder meeting. The complaint was filed Sunday in a Texas court against Arjuna Capital, a Massachusetts-based investment firm, and Follow This, an Amsterdam-based activist investor group. It is thought a court victory for Exxon Mobil could have a chilling impact on future shareholder petitions.” [CNBC, 1/21/24 (=)]

 

Exxon Files Lawsuit Against Investors' Climate Proposal — “Exxon Mobil Corp (XOM.N), opens new tab on Sunday filed a complaint in a Texas court seeking to prevent a climate proposal by activist investors from going to a vote during the company’s shareholder meeting in May. This is the first time Exxon is seeking to exclude a shareholder proposal by filing a complaint in court. The case was assigned to a judge with a track record of ruling in favor of conservative causes. Exxon says the investors are ‘driven by an extreme agenda’ and that their repeated proposals do not serve investors’ interests or promote long-term shareholder value. Investors led by U.S. activist investment firm Arjuna Capital and shareholder activist group Follow This are asking Exxon and other oil majors to adopt tighter climate targets. They want Exxon to set so-called Scope 3 targets to reduce emissions produced by users of its products. Exxon is the only one among the five Western oil majors which does not have such targets.” [Reuters, 1/22/24 (=)]

 

Op-Ed: I Had A Job On The Keystone XL Pipeline Until Biden Fired Me To Satisfy Climate Extremists — According to Lynn 'Bugsy' Allen, “Three years ago, Joe Biden fired me. My coworkers and I didn’t even know the president had this power. We found out the hard way when he signed an executive order canceling the Keystone XL pipeline. For the 11,000 of us working on this project, it meant getting laid off. For me, it meant returning to my farm in Texas to raise my three boys without any more income. I’ve heard people say a lot ‘construction jobs are always temporary,’ and that’s true to a degree. In a healthy economy, good construction workers are lining up for their next job while still working full-time to finish their current one. As a pipeline welder, I usually had years of guaranteed work ahead of me. President Joe Biden’s Keystone decision canceled all of that. No one was going to build a pipeline after the president made it clear where he stood.” [Fox News, 1/21/24 (-)]

 

CO2 Pipelines

 

Capitol Hill's Next Climate Fight Is Over CO2 Pipelines — “Carbon dioxide pipelines are a new frontier shaping congressional debates about energy transition, Axios Pro’s Jael Holzman and Nick Sobczyk report. Why it matters: New infrastructure and climate laws in recent years offer billions of dollars to help build pipeline networks to move captured CO2. But the potential boom is fracturing the left and creating tricky political problems in traditionally Republican areas. ‘There’s massive ignorance within the Democratic Party about this,’ Rep. Jared Huffman (D-Calif.) told Nick. State of play: Concerns about these pipelines have been coloring work on reauthorizing the Pipeline and Hazardous Materials Safety Administration. The House Transportation and Infrastructure Committee’s bipartisan reauthorization bill would clarify PHMSA’s authority over CO2 pipes and move toward new safety standards. Between the lines: Look for CO2 pipelines to also get wrapped up in broader Hill conversations about permitting and ‘clean’ energy infrastructure.” [Axios, 1/19/24 (=)]

 

 

 

NYSE Ends Natural Resources Trade Plan — “The New York Stock Exchange on Wednesday pulled a controversial proposal to create a category of stocks called natural asset companies, after critics including agriculture groups sounded alarms it would have allowed foreign investors to seize control of agriculture land in the U.S. The proposal would have allowed private interests to use capital to buy or manage farmland, national and state parks, and other areas rich in minerals, and to stop activities such as farming, grazing and energy extraction if they were deemed as unsustainable. The decision to withdraw the proposal came just one day before a public comment period ended at the U.S. Securities and Exchange Commission. The NYSE had proposed to create an asset class based on sustainable businesses that hold rights to ecosystem services including carbon sequestration. The asset class of companies would have been allowed to then evaluate the health of lands and place a dollar value on such benefits as clean air and water or even wildlife habitat.” [Progressive Farmer, 1/19/24 (=)]

 

Editorial: Furor Over NACs Doesn't Make Sense — “Whether publicly traded companies can make money by improving ecological values is a free-market experiment that will have to wait. Last week, the Securities and Exchange Commission withdrew a proposed rule that would have allowed for the listing and trading of ‘Natural Asset Companies, ‘ or NACs, on the New York Stock Exchange. These companies would secure ecological performance rights on private, tribal or public land and document how they met goals, such as improving wildlife habitat or air quality. The biggest question is how these companies would have any way to provide a return on investment to shareholders — unless it involved a larger strategy to create assets that have value in a carbon offsets and trading market. But the financial viability of NACs wasn’t the rule’s undoing. It was paranoia. As the Sentinel’s Dennis Webb reported, politicians at the federal and state level felt the rule provided a back door for environmental interests to gain more control of federal public lands.” [Grand Junction Daily Sentinel, 1/21/24 (+)]

 

Op-Ed: National Assets Companies Proposal Withdrawn — According to Amanda Radke, “Folks, the attacks on our private property rights continue, and the more I dig, the more alarmed I am at the sinister, multi-faceted agenda to strip good hearted Americans off the land to enrich the corporate elite. Picture this, your family is a multi-generation steward of the land. You’ve planted the trees. You’ve added in rotational grazing. You’ve incorporated cover crops into your rotation. You’ve left buffer strips and habitat for pheasants, deer and other wildlife. You’ve raised your family and done what is right, putting in the long hours, sacrificing to pay off the land note, paid the taxes and have been an active part of your community. In a nutshell, you’re living the American dream. It’s yours. You’ve worked hard for it. Your children have learned and grown while watching you build a legacy. It’s fruitful. It’s fulfilling. It’s challenging. But there’s joy in it and there’s nothing you would rather do. And then some fancy suit on the coast starts trading your assets on the New York Stock Exchange (NYSE). The Securities and Exchange Commission (SEC) is considering a pathway for a new type of investment, known as ‘natural asset companies,’ or NACs. The idea behind it is to list companies that would like to focus on climate change, could invest to reduce their environmental impact. But here’s the kicker — it’s using your land, your natural resources and your hard work. Not their own.” [Farmers’ Advance, 1/19/24 (-)]

 

Op-Ed: SEC Withdraws Natural Asset Companies Proposal; Big Win For RVers — According to Randall Brink, “On January 12, 2024, I commented on previously reported news regarding the Bureau of Land Management’s plan to tie up and lease out public lands in conjunction with a conservation lease scheme formulated by the Securities and Exchange Commission. In a surprising turn of events this week, the Securities and Exchange Commission has withdrawn its proposal concerning Natural Asset Companies (NACs). This decision is a significant victory for outdoor recreation enthusiasts, including the RV and camping community.” [RV Travel, 1/19/24 (-)]

 

Op-Ed: Management Of Public Lands Shouldn’t Be For Sale — According to Rachel Gabel, “The Securities Exchange Commission’s (SEC) proposed rule allowing for Natural Asset Companies to be traded on the NYSE is reckless and politically motivated, exactly the opposite of the purpose of the SEC. The management of public lands ought not be for sale. The SEC was created by Congress to ensure transparency, fair prices for trading, and a high degree of liquidity for traders following the 1929 Stock Market crash. The creation of NACs will harm the economy, especially in rural areas. The SEC has no authority to peddle the management of public lands. According to the proposed rule filing, NACs will be corporations that hold the rights to the ecological performance (i.e., the value of natural assets and production of ecosystem services) produced by natural or working areas, such as national reserves or large-scale farmlands, and have the authority to manage the areas for conservation, restoration, or sustainable management. These rights can be licensed like other rights, including ‘run with the land’ rights (such as mineral rights, water rights, or air rights), and NACs are expected to license these rights from sovereign nations or private landowners.” [The Greeley Tribune, 1/19/24 (-)]

 

Op-Ed: ‘Natural Asset Company’ Scheme By Securities Exchange Commission Invites Fraud — According to Chris Schube, “Just before Christmas, the Securities and Exchange Commission announced that it would reopen public comments for a proposed rule that would completely transform the economy. The SEC proposed a rule to allow the creation of a new type of company to be listed on the New York Stock Exchange called ‘Natural Asset Companies (NAC).’ This decision to reopen comments came after heavy criticism of the SEC for its unusually quick comment period for a rule that could significantly impact the economy. Alaska Revenue Commissioner Crum joins 29 other states opposing ‘Natural Asset Company’ land grabs If finalized, this proposal would open the doors to the biggest transfer of federal land in the history of the country to wealthy special interests – including foreign adversaries – with the effect of forever prohibiting any responsible development from taking place.” [Must Read Alaska, 1/19/24 (-)]

 

 

 

Alaska

 

Alaska Lawmakers Back Willow In Court — “A bipartisan coalition of Alaska lawmakers is defending the Biden administration’s approval of ConocoPhillips’ Willow project in the state’s National Petroleum Reserve. In a friend of the court brief Friday, members of the state’s congressional delegation and the state Legislature told the 9th U.S. Circuit Court of Appeals that the $8 billion project is key for Alaska’s economy and for the nation as a whole. ‘Alaska would not exist, and cannot thrive without the responsible development of its resources,’ the lawmakers told the 9th Circuit. ‘Congress has long made clear that the public has an important interest in safe and environmentally responsible oil and gas development on public lands,’ they continued. ‘Ensuring affordable energy has influenced U.S. energy, national security, and economic policy for decades.’ The brief was signed by Sens. Dan Sullivan and Lisa Murkowski, both Republicans; Rep. Mary Peltola, a Democrat; and the Alaska Legislature. The Alaska lawmakers’ brief came in response to appeals filed by the Sovereign Iñupiat for a Living Arctic and the Center for Biological Diversity challenging the Interior Department’s reapproval of the oil project last March.” [E&E News, 1/22/24 (=)]

 

Arizona

 

Feds Look To Drastically Cut Recreational Target Shooting Within Arizona's Sonoran Desert Monument — “The federal Bureau of Land Management is looking to drastically reduce an area open to recreational target shooting within Arizona’s Sonoran Desert National Monument. The agency announced Friday that a proposed resource management plan amendment would allow target shooting on 5,295 acres (2,143 hectares) of the monument and be banned on the monument’s remaining 480,496 acres (194,450 hectares). Currently, target shooting is permitted on 435,700 acres (176,321 hectares) of the monument that includes parts of Maricopa and Pinal counties. A BLM spokesperson said target shooting still is allowed on other bureau-managed lands in and around the Phoenix metropolitan area. The Sonoran Desert National Monument was established in 2001. Critics have argued that target shooting threatens cultural and natural resources the monument was designated to protect and has damaged objects such as saguaro cactus and Native American petroglyphs.” [Tulsa World, 1/19/24 (-)]

 

Arkansas

 

Oil Companies Used To Run This Town. Now They’re Back — To Mine For Lithium. — “Chantelle Dunbar-Jones remembers when her hometown of Lewisville, Arkansas, seemed to have oil wells on every corner. The small town, located in the southwestern part of the state, sits atop the Smackover Oil Formation, one of the largest oilfields in the United States. For a long time, nearly everyone worked for the oil industry. Dunbar-Jones’ father started with Phillips 66 but was shunted to smaller and smaller companies as wells started closing in the late 1990s and the industry shifted toward Texas. In the years since, the town has seen residents and businesses leave in pursuit of brighter futures. The area’s fortunes began to look up late last year, when ExxonMobil, alongside a couple of other companies, announced its intention to begin producing lithium in the region by 2027. It opened a test site on the Smackover formation, which spans three states and could supply 15 percent of the world’s lithium. It’s got folks in Lewisville cautiously hopeful that the change could turn things around. ‘We are just very excited, trying to get all our ducks in a row and be able to take advantage of what’s coming,’ said Dunbar-Jones, who has served on the city council for seven years.” [Grist, 1/19/24 (+)]

 

California

 

Gov. Gavin Newsom Hasn’t Been Shy About His Vendetta Against Big Oil. Now He’s Taking On Little Oil, Too. — “Tucked into Newsom’s $291.5 billion budget last week was a proposal to end a trio of long-standing tax breaks for oil and gas producers — but mostly the state’s smaller ones. The breaks, in some cases, help the smaller producers compete with oil majors by letting them deduct higher shares of their expenses. Newsom said cutting the subsidies would save the state $22 million this fiscal year and $17 million in subsequent years. (The overall deficit this year is around $38 billion.) Small and midsize producers are crying foul. ‘This represents yet another effort to end oil production in California while replacing it with oil from foreign governments,’ Rock Zierman, chief executive officer of the California Independent Petroleum Association, which represents relatively small producers like Signal Hill Petroleum, Holmes Western Oil Corp. and Maranatha Petroleum, said in an emailed statement. Big Oil, meanwhile, is silent. The Western States Petroleum Association, which represents the majors that Newsom took aim at last year with his lawsuit seeking climate damages and effort to cap refiner profits, declined to comment.” [Politico, 1/19/24 (+)]

 

TV: ABC7 News 6:00AM (Audience: Audience: 46,940) “We have new developments with the controversial delta tunnel project. A new lawsuit challenges the development after reports and experts said it would be destructive to the eco system. The tunnel intends to divert the Sacramento River, but it could potentially hurt endangered fish and the communities near it. More than a dozen environmental groups joined in this suit. They’re calling for the state to explore other options, like water conservation and groundwater storage.” [KGO-TV (CBS), 1/19/24 (-)]

 

TV: ABC7 News 6:00AM (Audience: 59,985) “>> All right, get ready to take the butter out and melt it. Commercial Dungeness Crab season finally open here in the bay area. It was delayed for two months to protect migrating whales. ABC Seven News reporter Lena Howland live in Half Moon Bay, where crab fishermen are expected to arrive this morning with their fresh catch. Lena >> Kumasi. That’s right. after facing delay after delay, the long awaited Dungeness Crab season is back and fishermen we spoke with say they took advantage of getting back to work the minute they could. >> That’s it. That’s the money right there. California gold. Commercial crabbers have faced a delayed season for the past five years. >> It usually starts in mid-November, so this is the latest fish and wildlife has ever opened up. The season. Matt Juanes was the first to sell off the dock yesterday at San Francisco’s Fisherman’s Wharf. He says they were lined up and ready to go by 8:00 Wednesday night, waiting for the clock to strike midnight and their hard work in the middle of the night paid off. Coming back to a line of people ready to buy right off of his boat, it feels a huge relief off my back.” [KGO-TV (ABC), 1/19/24 (+)]

 

Colorado

 

BLM Approves Colorado Land Use Plan With More Conservation — “The Bureau of Land Management has approved a revised resource management plan for lands across eastern Colorado that includes more conservation designations and closes thousands of acres to oil and natural gas leasing in areas with low potential. The eastern Colorado resource management plan was mostly cheered by conservation groups for, among other things, designating nine ‘areas of critical environmental concern,’ or ACECs, to protect landscapes. But the Center for Biological Diversity said the plan fails to clamp down on potential oil and gas development on millions of acres of subsurface federal mineral estate, which the group says will result in increased concentrations of ground-level ozone in the Denver metropolitan area. Kathleen Sgamma, president of the Denver-based Western Energy Alliance, countered that the plan fulfills BLM’s legal duty ‘to balance energy development with environmental protection.’ BLM published the record of decision approving the revised eastern Colorado resource management plan in Friday’s Federal Register, rejecting five protest letters against the plan, including from the Center for Biological Diversity.” [E&E News, 1/19/24 (+)]

 

Tension Builds As Mesa Federal Land Cleanup Nears — “Federal land managers are embarking this year on an effort to crack down on illegal camping in a vast swath of public land along the northern edge of Mesa and Apache Junction – while simultaneously boosting opportunities for day-use recreation. On Feb. 5, the Bureau of Land Management will close 1,000 acres near Lost Dutchman State Park to begin developing infrastructure for a new Goldfield Recreation Area, a day-use site open to hikers, bikers and horseback riders. As part of the move, all camping will be prohibited. Scores of campers and campsites currently on the land, many exceeding the 14-day stay limit, will be removed. Historically, free camping has been allowed on the Bureau of Land Management and nearby Tonto National Forest land for up to 14 days in a month. It’s been popular – some would say ‘overrun.’ With the opioid epidemic and high housing costs exacerbating area homelessness, there has been increasing pressure on public lands from people living full-time on the land.” [The Mesa Tribune, 1/19/24 (=)]

 

Idaho

 

Feds Plan To Add Northwest, Western State Land To Potential Expansion Of Solar Energy — “Millions of acres of federal public land in five Western states, including Idaho, could be opened up to solar energy production. The U.S. Bureau of Land Management announced Wednesday that more land in Idaho, Montana, Oregon, Washington and Wyoming is needed to support rising demand for clean energy and to meet President Joe Biden’s target of a 100% clean electricity grid by 2035. More than 5 million acres of land in the five states would be added to an Obama-era plan that expanded permitting for solar projects on federal land in six other states. Bureau managers said they would make the permitting process on the land faster and easier because it’s already been developed or identified as posing a low risk of conflict with wildlife and critical habitat. The plan is expected to be finalized by the end of the year.” [Idaho Capital Sun, 1/19/24 (=)]

 

Iowa

 

Iowa Uses Public's Birds-Eye View To Monitor Bald Eagles, Amphibians — “Iowa wildlife officials are asking outdoor enthusiasts to cast a birds-eye view on bald eagle nests to help track their health, and are also on a mission to boost the number of amphibians in the state - all with the help of volunteers. There are between 700 and 800 eagle nests in Iowa, thanks in large part to protections from the Endangered Species Act - a federal law that just turned 50. The Iowa Department of Natural Resources Bald Eagle Nest Monitor Program Director Stephanie Shepherd said the state is using volunteer eagle watchers to monitor the health and progress of the nesting eagles, and focus on one key metric. ‘There needs to at least be an average of one young fledged per nest for that to be signaling a healthy population,’ said Shepherd. ‘If it starts to drop below that threshold, then we know that it’s a warning sign that something might not be right with the population.’ Shepherd said volunteers are an integral part of helping the DNR get an official bald eagle nest count in Iowa. The monitoring duties begin early next month.” [Public News Service, 1/22/24 (+)]

 

Maryland

 

Anti-Wind Rhetoric Dominates GOP Beach-Side 'Hearing' — “A New Jersey Republican kicked off an anti-offshore-wind meeting on the Maryland coast Saturday by taking credit for the demise of two proposed offshore wind farms. Convened by Rep. Andy Harris (R-Md.) and billed as a hearing even though it didn’t have official committee sanction, the gathering in Ocean City, Maryland, characterized the nascent industry as a blow to U.S. security, as well as a threat to maritime safety, horseshoe crabs, fishing grounds and tourism. Rep. Jeff Van Drew (R-N.J.) — who helped lead a similar session last year in his state — told the crowd that opposition to offshore wind was gaining power and had brought down two proposed wind farms off the Jersey Shore. Developer Ørsted cancelled them citing inflation and supply chain issues. ‘They had problems with inflation,’ Van Drew, a Democrat-turned-Republican, said. ‘But they had problems with public relations. They had problems because the tide was turning.’ Van Drew later urged the crowd to ‘keep up the fight’ and to ‘sue these people. Hold them up in any way that you can.’” [E&E News, 1/22/24 (+)]

 

Congressman Harris Holds Offshore Wind Hearing In Ocean City — “Maryland Republican Congressman Andy Harris held an offshore wind public hearing in Ocean City on Saturday afternoon, joined by New Jersey Republican Congressmen Chris Smith and Jeff Van Drew. Harris, Smith and Van Drew have been vocally critical of offshore wind development off the coast of their states, including Orsted and U.S. Wind projects in the Atlantic Ocean. Harris tells WBOC the hearing was intended to serve as a platform to hear from ‘witnesses’ that could speak to the dangers of offshore wind, and what he says are its negative impacts on marine life, tourism, the commercial fishing industry and U.S. defense. Speaking to the impact of offshore wind on Maryland taxpayers, Congressman Harris said ‘Maryland electric rate payers should also be very concerned about supply chain and rising cost issues in the offshore wind industry.’ Notably, the town hall did not feature voices in favor of offshore wind development. Offshore wind supporters argue wind farms will boost the local economy, provide cleaner and more renewable sources for energy and provide no negative impact to tourism or property value.” [WBOC-TV, 1/20/24 (+)]

 

Congressman Andy Harris Holds Hearing In Ocean City, MD On Offshore Wind — “Members of congress along with six expert panelists participated in a hearing in Ocean City, Maryland this weekend– voicing their concerns about what they believe are negative effects that offshore wind industrialization is having on our environment, marine life, and economy. The Talk of Delmarva’s Joe Ciccanti has more…” [WGMD-Radio, 1/19/24 (-)]

 

Rep. Andy Harris Hosts Anti-Wind Hearing In Ocean City Ahead Of Final Authorization Of US WIND Project — “US Representative Andy Harris hosted a hearing in Ocean City Saturday to push back against efforts from US WIND to develop offshore wind power off the coast of Ocean City. Rep. Harris tells 47ABC he is opposed to projects proposed both by Orsted and US WIND but the event focused on the US WIND plan that is in its final approval stage from the Bureau of Ocean Energy Management (BOEM). ‘Once you you drive these out, the pilings and you put these windmills up, they’re going to be there a long time,’Rep. Harris said. Ocean City Mayor Rick Meehan says they do not support it the measure moving forward, citing damage to their local industries. ‘You have the concerns of the commercial fishermen, the recreational fishermen, the environment, environmentalists, there are so many there are so many more questions than answers,’ Meehan said.” [WMDT-TV, 1/20/24 (-)]

 

Anti-Wind Groups Push Back At Bethany — “An organized group of citizens opposed to offshore wind farms crowded the Bethany Beach town hall on Friday, Jan. 12, to voice concerns about new community benefit agreements and $2 million in local government funding being offered by US Wind to offset some of the wind power economic, tourism or social impact. A group with a petition on Change.org called ‘Protect Ocean City: Stop Offshore Wind,’ circulated flyers in front of town hall with talking points and a bar code to sign a petition seeking to halt wind development. The petition had 2,075 digital signatures as of last Friday’s meeting. The Bethany Beach Town Council seemed to concur that it need not accept the Community Benefit Agreement until or unless the Bureau of Ocean Energy Management (BOEM) approves the MarWin project. The mayor wanted to set the record straight on conflating the benefits of clean wind energy and the federal government’s obligation to assist coastal towns on beach replenishment, which is a false rumor, she said.” [Coastal Point, 1/19/24 (=)]

 

Montana

 

After 31 Years, Feds Move Ahead With Plans To Introduce Grizzlies To Bitterroot Mountains — “The U.S. Fish and Wildlife Service announced on Wednesday a public scoping procedure and new environmental impact statement for recovering a breeding population of threatened grizzly bears in the Bitterroot Mountains of southwestern Montana and eastern Idaho. The announcement comes 31 years after the Bitterroot Ecosystem was first identified as one of six grizzly bear recovery zones in the Lower 48. It has also been 23 years since the USFWS made the final decision to reintroduce the experimental, non-essential population in the area, a stretch of time that was deemed an unreasonable delay by the U.S. District Court for the District of Montana in March.” [Outdoor Life, 1/19/24 (+)]

 

Grizzly Bears Could Be Restored To The Bitterroot Ecosystem — “Grizzlies have been spotted in the Bitterroot, but the ecosystem doesn’t have an ‘established population.’ This week, however, the U.S. Fish and Wildlife Service announced a public scoping period to consider options for restoring grizzly bears to the Bitterroot ecosystem — although it said one option is not taking any action. (It said an ‘established population’ of grizzlies means two or more breeding females or one with two consecutive litters.) ‘The Service will assess the potential impacts of proposed restoration options in an Environmental Impact Statement under the National Environmental Policy Act,’ the agency said in a news release encouraging the public to review a scoping notice and provide input. Grizzlies are listed as a threatened species in the contiguous United States.” [KPAX-TV, 1/19/24 (+)]

 

Feds Begin Process Of Considering Restoration Of Grizzlies In Bitterroot Ecosystem — “U.S. Fish and Wildlife is beginning the process to evaluate the restoration of grizzly bears to the Bitterroot ecosystem, located in west central Montana and east central Idaho. On Wednesday, the agency announced a public scoping period to consider options for restoring grizzly populations and looking into the environmental impacts. The public, states, Tribes, the scientific community, and other stakeholders are encouraged to review the scoping notice and provide valuable input to shape the project’s scope in its early stages. There has been an increase in grizzly sightings within the Bitterroot ecosystem in recent years. However, federal officials say there is no established population, defined as having two or more breeding females or one female with two consecutive litters, in the recovery zone.” [KTVH-TV, 1/19/24 (+)]

 

Federal Oil And Gas Lease Sales Return To Montana — “Federal oil and gas lease sales return to Montana after nearly two years. In 2022, the Inflation Reduction Act overhauled the system that America used to lease public lands to oil and gas companies. This put a pause on leases in Montana. Now that the new law is in place, the Bureau of Land Management (BLM) is starting back up with lease sales. ‘What’s changed in this new system is that now oil and gas companies have to pay upfront to nominate lands for leasing,’ says Aaron Weiss, director of the Center for Western Priorities.’ Last July a massive land sale in Montana was canceled after conservation groups pointed out that the Bureau of Land Management was not complying with new leasing laws established by the Inflation Reduction Act.” [Montana Right Now, 1/19/24 (=)]

 

South Dakota

 

Lawmaker’s Second Attempt To Tax Lithium Mining Passes First Test — “A bill to impose a tax on lithium mining cleared its first hurdle Thursday at the state Capitol in Pierre. Lithium is a key metal for modern batteries in electric vehicles and other consumer items, and mining claims have rapidly spread in the Black Hills. Rep. Kirk Chaffee, R-Whitewood, the bill’s main sponsor, wants to see a lithium tax in place before the mining starts. The bill would classify South Dakota lithium as a precious metal – like gold and silver – and place a 10% tax on company profits from lithium mining. The tax would include deductions for costs including transport, marketing and refining. Supporters of the bill include the Izaak Walton League, Sierra Club, South Dakota Association of County Commissioners, and lobbyist Brett Koenecke, who spoke as a resident of Custer. ‘If you’re going to take something from us, you should pay for that,’ Koenecke told the committee. He said lithium claims are abundant in the Black Hills. ‘There is something happening,’ Koenecke said. ‘I’m not against the something, but I do think we ought to put a tax on it for the benefit of, especially the counties, and probably the state as well.’” [South Dakota Searchlight, 1/18/24 (=)]

 

Utah

 

Can Public Lands Fix The West’s Affordable Housing Crisis? — “Saratoga Springs • Not long ago the quickly growing city of Saratoga Springs was better known for its farms than suburbs. Now rows of new homes and apartments are sprouting up where irrigation systems once rested. But in the middle of a quickly developing part of the city, there’s a 20-acre rectangle of open land with a transmission line running through it. The rectangle is surrounded by private land and brand new homes, a yellow crane, a school and State Route 73 are just a few minutes away. It’s a parcel of public land managed by the Bureau of Land Management. ‘Should we be looking at some of those parcels as places where we put housing or amenities for housing, open space, public service buildings, things of that nature?’ wondered Utah Public Lands director Redge Johnson from his office in Salt Lake City. ‘There are a lot of these in-holdings or orphan properties around the state that just don’t fit the general narrative of what public lands are.’” [The Salt Lake Tribune, 1/19/24 (=)]

 

Virginia

 

Dems Urge FERC To Nix Added Time For Mountain Valley Extension — “Federal energy regulators should revoke an order that gave developers of the Mountain Valley pipeline until mid-2026 to build an extension to the controversial natural gas project, according to four Democratic members of Congress. In a letter Friday to the Federal Energy Regulatory Commission, the lawmakers from Virginia and North Carolina urged the agency to rescind its decision because of changes to the MVP Southgate project that were outlined in a late December regulatory filing. The signatories included Democratic Reps. Kathy Manning and Valerie Foushee, both of North Carolina, and Bobby Scott and Jennifer McClellan, both of Virginia. Equitrans Midstream — the lead developer of the main 303-mile Mountain Valley pipeline — said in the Dec. 29 filing that MVP Southgate would be shortened from roughly 75 miles to 31 while having a wider diameter than previously planned. In their letter to FERC’s acting secretary last week, the four Democrats said changes to the extension ‘are significant, and the Commission’s prior public interest analysis for the Southgate Project is now outdated.’” [E&E News, 1/22/24 (=)]

 

Wyoming

 

Governor Gordon Pushes BLM To Listen To Wyoming When It Finalizes Rock Springs RMP — “Governor Mark Gordon is urging the Bureau of Land Management (BLM) to reconsider its restriction-heavy preferred alternative and deliver a reasonable plan incorporating more of Wyoming’s compromise approach to managing the Rock Springs area. The Governor submitted his comment letter, along with those from numerous State agencies, on the BLM draft Resource Management Plan (RMP) this week. ‘No other National Environmental Policy Act (NEPA) document in recent memory has sparked the type of scrutiny and fervor that this Rock Springs RMP has in our state, and rightfully so,’ Governor Gordon wrote. ‘People representing the full spectrum in Wyoming recognized the flawed nature of this draft RMP. (It) is too important to have its impacts go unexamined.’” [The Cheyenne Post, 1/19/24 (=)]

 

 

 

Great Lakes

 

Bipartisan Bill Would Authorize $200M For Hi-Res Mapping Of Great Lakes Lakebeds — “Michigan Reps. Debbie Dingell and Lisa McClain introduced a bipartisan bill today that would authorize the U.S. to provide mapping of the Great Lakes. The Great Lakes Mapping Act would authorize $200 million and direct director the administrator of the National Oceanic and Atmospheric Administration to conduct high-resolution bathymetric mapping of lakebeds of the Great Lakes. The region provides over $6 trillion to America’s Gross Domestic Product and supports 51 million jobs, and is a critical shipping lifeline for much of the country.. ‘Comprehensively exploring and mapping the Great Lakes will strengthen our understanding of their underwater environment so that we can better protect them and the many species they contain and continue to foster the economic prosperity they have supported for generations,’ Dingell said in a statement. ‘Our Great Lakes generate a GDP of $6 trillion and support over 51 million jobs, yet we have barely scratched the surface of understanding the depths of the lakes. Investing in comprehensive Great Lakes exploration will offer Michigan and the U.S. an enhanced look at what these bodies of water offer,’ McClain added.” [WXYZ-TV, 1/19/24 (=)]

 

Western Water

 

Newsom Administration Oks 93% Of California Groundwater Basin Plans — “The Newsom administration on Thursday finished approving nearly all the plans local officials have put together to stop groundwater levels from dropping, placing only six of 90 basins on a path to probation. With Thursday’s release of decisions for the last 17 plans under review, the Department of Water Resources has gone through all the high- and medium-priority groundwater basins in the state that are required under a 2014 law to reach sustainability by 2040. Of the 77 basins for which it has reached a final decision, it has sent six plans to the State Water Resources Control Board, which could ultimately place fines on those who pump too much and take over groundwater management. It has deemed the plans for 13 basins incomplete, meaning local officials have six months to fix their plan or they, too, will be sent to the water board.” [E&E News, 1/19/24 (+)]

 

ICYMI — Senate Campaign Runs Dry — “Less than two months ahead of the primary to replace the late Sen. Dianne Feinstein, none of the leading candidates want to touch one of her signature issues: water. Our Camille Von Kaenel outlines the lack of a fleshed-out water platform from any of the top four candidates, even as it remains a key issue in California’s rural and agricultural areas.” [Politico, 1/22/24 (=)]

 

 

 

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