Public Lands Clips: April 26, 2024

 

 

Senate

 

Op-Ed: How Congress Can Reverse Biden's Radical Energy Agenda — According to Sen. Tommy Tuberville (R-AL), “The Biden administration has waged war on American energy. Costs have skyrocketed. Both consumers and producers are being crushed by burdensome regulations. It is critical that Congress prioritize the passage of bipartisan legislation to unleash our nation’s offshore energy resources. Offshore energy development in the Gulf of Mexico is essential to our nation’s all-of-the-above energy strategy, offering immense economic, national security and environmental advantages. From powering businesses and communities to providing lower carbon oil and gas production, offshore energy plays a pivotal role in both our economic strength and our national security. Yet, President Biden has implemented a draconian federal offshore oil and gas leasing program that inhibits this progress.” [Fox News, 4/25/24 (-)]

 

 

 

The US Just Came Up With A Plan To Upgrade 100k Miles Of Transmission Lines In 5 Years — “The White House just debuted a plan to expand the grid’s capacity by upgrading 100,000 miles of transmission lines over the next five years. The power sector can achieve this goal by deploying grid-enhancing technologies like high-performance conductors and dynamic line ratings that enable existing transmission lines to carry more power. It’s a fast and cost-effective way to unlock hundreds of gigawatts of additional clean energy, increase grid reliability and resilience, reduce grid congestion, and cut energy costs. Grid-enhancing technologies would be deployed on existing lines in tandem with building new lines. To ensure 100,000-miles-in-five-years goal is achieved and to mobilize private and public sector leaders, the Biden administration has made funding available through the Grid Resilience and Innovation Partnership (GRIP) program for upgrades to existing transmission lines. Plus, the US Department of Energy today simplified the environmental review process for transmission line upgrades.” [Electrek, 4/25/24 (+)]

 

 

 

Bureau of Land Management (BLM)

 

US States Sue Over Rule Curbing Oil And Gas Methane Waste — “Four Republican-led states have sued the U.S. Interior Department to block a rule that cracks down on leaks of planet-warming methane during oil and gas drilling on public lands. Texas, North Dakota, Montana and Wyoming filed the lawsuit in North Dakota federal court on Wednesday, challenging a rule finalized in March by the U.S. Bureau of Land Management (BLM) requiring drillers to develop plans to detect leaks, make repairs and minimize waste of methane, a potent greenhouse gas. The rule also requires drillers to pay royalties for natural gas lost during methane flaring or venting if those losses are considered to have been avoidable. The challengers said the rule will make oil and gas development more expensive, and ultimately reduce production. That will mean the loss of tens of millions of dollars in royalties and taxes paid to the states that currently fund schools, roads and local governments, among other harms, they said.” [Reuters, 4/25/24 (=)]

 

States Challenge Interior’s Oil And Gas Waste Prevention Rule — “Several states are challenging an Interior Department rule aiming to reduce natural gas waste from oil and gas production from leases on federal and Native American land. The rule is an unlawful attempt by the Bureau of Land Management to ‘impose significant greenhouse gas emission restrictions’ and displace the ‘comprehensive regulatory framework for air emissions created by the Clean Air Act,’ North Dakota, Texas, Wyoming, and Montana told the US District Court for the District of North Dakota on Wednesday.” [Bloomberg Law, 4/25/24 (=)]

 

Red States Sue Interior Over Methane Rule — “North Dakota and three other Republican-led states are suing to block an Interior Department rule that revamps methane regulations for fossil fuel drilling on public lands. The states wrote in their complaint filed Wednesday in the U.S. District Court for the District of North Dakota that the rule from Interior’s Bureau of Land Management was trying for a second time to improperly step into EPA’s shoes by finalizing ‘sweeping greenhouse gas emission controls’ after a federal judge blocked an Obama-era version of the rule in 2020. ‘Other than being less careless with its language this time, very little has been done to change the Rule since the last time it was vacated, and none of the key legal infirmities have been fixed,’ the states told the court. ‘If anything,’ the states added, ‘this variation of the Rule is brazenly more unlawful than the one previously vacated.’ The BLM rule slashes emissions of the potent greenhouse gas by making oil companies pay royalties for ‘wasted’ methane, the primary component of natural gas. Companies also face limits on how much gas they can either release or burn.” [E&E News, 4/25/24 (=)]

 

North Dakota Sues Bureau Of Land Management Over New Methane Ruling — “North Dakota and three other states filed a lawsuit against the Bureau of Land Management (BLM) Thursday regarding a recent methane rule. North Dakota, Montana, Texas and Wyoming are challenging the BLM’s newly finalized rule on waste prevention, production subject to royalties and resource conversation. The rule establishes a new royalty on flared gas, institutes monthly limits on allowable flaring and adds new application requirements for operators regarding their ability to capture natural gas before they can obtain a drilling permit.” [KFYR-TV, 4/25/24 (=)]

 

North Dakota Files Lawsuit Challenging Bureau Of Land Management’s Flaring Rule — “On April 24, North Dakota was joined by Montana, Texas, and Wyoming in filing a lawsuit in North Dakota Federal District Court challenging the Bureau of Land Management’s (BLM) newly finalized Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule. This rule establishes a new royalty on flared gas, institutes monthly limits on allowable flaring, and adds new application requirements for operators regarding their ability to capture natural gas before they can obtain a drilling permit. ND district court orders Bureau of Land Management to resume oil and gas lease sales Senator Kevin Cramer (R-ND) applauded North Dakota’s leadership for filing this lawsuit, noting ‘North Dakota, like other western states, must contend with added, unnecessary bureaucratic red tape in developing federal minerals.’” [KXNET, 4/25/24 (=)]

 

Biden Admin's Gas Venting Curbs Are Illegal, ND Says — “A North Dakota-led alliance of states has accused the Biden administration of pushing through limits on greenhouse gas emissions from the oil and gas sector illegally disguised as a rule to reduce industry waste, according to a lawsuit filed in federal court. The states claimed Wednesday that the U.S. Department of the Interior overstepped its authority when it finalized a rule cracking down on flaring, venting and leaking gas emissions. While the agency insisted the limits were intended to better manage federal mineral assets, the states claim it was actually a thinly-veiled move to advance the Biden administration’s climate goals, urging a North Dakota federal court to vacate the rule. ‘Federal agency after federal agency has taken it upon themselves to play the role of [the Environmental Protection Agency] and contort their rulemaking authorities to promulgate climate-related rules outside their wheelhouse and without statutory mooring, requiring states to challenge rule after rule in courts,’ the states say. Moreover, the states say the Bureau of Land Management’s late March rule was a failed attempt by the agency to rewrite similar limits on methane emissions enacted by the Obama administration in 2016. Those restrictions were found unlawful and vacated by a Wyoming federal court nearly four years ago, according to the complaint.” [Law360, 4/25/24 (=)]

 

New Department Of The Interior Rules Update Onshore Oil & Gas Leasing & Other Regulations — “The US Department of the Interior is stepping up regulations to protect federal lands from the havoc of fossil fuel development and rampant disregard for endangered wildlife. It has announced a final rule to revise the Bureau of Land Management’s (BLM) oil and gas leasing regulations, ‘which will ensure a balanced approach to development, provide a fair return to taxpayers, and help keep drilling activities from conflicting with the protection of important wildlife habitat or cultural sites.’ The rule minimizes resource conflicts between fossil fuel development and other resources on BLM-managed public lands and subsurface mineral estate. It also helps to ensure the protection and proper stewardship of public lands, including potential climate and other impacts associated with fossil fuel activities. It’s the first comprehensive update to federal onshore oil and gas leasing regulations in nearly 4 decades. ‘As a result of this badly needed modernization, the BLM will continue to meet America’s energy needs while leading the way in sustainable as the agency works to manage public lands in a balanced, responsible way.’” [CleanTechnica, 4/26/24 (+)]

 

Bureau of Ocean Energy Management (BOEM)

 

BOEM, BSEE Finalize Rules For USA Offshore Wind — “The U.S. Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) have finalized updated regulations for offshore renewable energy development in the USA. The final rule ‘increases certainty and reduces the costs associated with the deployment of offshore wind projects’ on the U.S. Outer Continental Shelf (OCS), according to a recent news release from the Department of the Interior (DOI). The agency added that the final rule modernizes regulations, streamlines overly complex processes and removes unnecessary ones, clarifies ambiguous regulatory provisions, and enhances compliance requirements. Over the next 20 years, the final rule is expected to result in cost savings of roughly $1.9 billion for the offshore wind industry, savings that can be passed onto consumers and used to invest in additional job-creating clean energy projects, the DOI noted.” [Rigzone, 4/25/24 (=)]

 

Fish and Wildlife Service (FWS)

 

Court Settlement Spurs ESA Actions On 15 Species — “The Fish and Wildlife Service agreed under legal pressure Thursday to finish the Endangered Species Act work it started involving 15 different plants, fish and other animals. Sued by the Center for Biological Diversity over a series of missed ESA deadlines, the agency in a court settlement filed in federal court in Arizona committed to completing by a series of dates the required work for making determinations on listing 10 species as threatened or endangered and designating critical habitat for another three. The FWS also agreed to meet its new deadline for deciding whether two other species warrant ESA protections. ‘We’re suffering an extinction crisis that threatens to undermine our way of life, so I’m relieved these 15 remarkable species will get the protections they so badly need,’ said Noah Greenwald, endangered species director at the center, in a statement.” [E&E News, 4/25/24 (=)]

 

 

 

National Oceanic and Atmospheric Administration (NOAA)

 

Trump Will Dismantle Key US Weather And Science Agency, Climate Experts Fear — “Climate experts fear Donald Trump will follow a blueprint created by his allies to gut the National Oceanic and Atmospheric Administration (Noaa), disbanding its work on climate science and tailoring its operations to business interests. Joe Biden’s presidency has increased the profile of the science-based federal agency but its future has been put in doubt if Trump wins a second term and at a time when climate impacts continue to worsen. The plan to ‘break up Noaa is laid out in the Project 2025 document written by more than 350 rightwingers and helmed by the Heritage Foundation. Called the Mandate for Leadership: The Conservative Promise, it is meant to guide the first 180 days of presidency for an incoming Republican president. The document bears the fingerprints of Trump allies, including Johnny McEntee, who was one of Trump’s closest aides and is a senior adviser to Project 2025. ‘The National Oceanographic [sic] and Atmospheric Administration (Noaa) should be dismantled and many of its functions eliminated, sent to other agencies, privatized, or placed under the control of states and territories,’ the proposal says.” [The Guardian, 4/26/24 (+)]

 

 

 

Native American Tribes Want US Appeals Court To Weigh In On $10B Sunzia Energy Transmission Project — “Native American tribes and environmentalists want a U.S. appeals court to weigh in on their request to halt construction along part of a $10 billion transmission line that will carry wind-generated electricity from New Mexico to customers as far away as California. The disputed stretch of the SunZia Transmission line is in southern Arizona’s San Pedro Valley. The tribes and others argue that the U.S. Interior Department and Bureau of Land Management failed to recognize the cultural significance of the area before approving the route of the massive project in 2015. SunZia is among the projects that supporters say will bolster President Joe Biden’s agenda for cutting greenhouse gas emissions. The planned 550-mile (885-kilometer) conduit would carry more than 3,500 megawatts of wind power to 3 million people.” [The Washington Post, 4/25/24 (=)]

 

 

 

Fossil Energy

 

Chevron Beats Earnings Estimates But Profit Falls On Lower Refining Margins And Natural Gas Prices — “KEY POINTS Chevron beat Wall Street’s earnings estimates but its profit fell compared with the year-ago period. The company’s refining business faced lower sales margins and international gas took a modest hit as natural gas came under pressure. Chevron produced 1.57 million barrels of oil and gas daily in the U.S. for the quarter. Chevron said it is confident its pending acquisition of Hess Corp. will close in 2024.” [CNBC, 4/26/24 (=)]

 

Exxon Stock Falls As Earnings Miss On Lower Natural Gas Prices And Squeezed Refining Margins — “KEY POINTS Exxon Mobil stock fell Friday as the company’s profits came under pressure from declining refining margins and a collapse in natural gas prices. Exxon is currently locked in a dispute with Chevron over the latter’s pending acquisition of Hess Corp. Chevron said Friday that it expects the Hess deal to close in 2024.” [CNBC, 4/26/24 (=)]

 

 

 

Alaska

 

Alaska Asks Judge To Toss Critical Habitat For Threatened Seals — “Alaska’s fight against burdensome seal protections continued Thursday, when attorneys for the state and federal government debated whether the feds properly allocated a vast coastal area under the Endangered Species Act. In April 2022, the National Marine Fisheries Service — also known as NOAA Fisheries — designated critical habitat off the coast of Alaska for Arctic ringed seals and the Beringia distinct population segment of bearded seals as required by the Endangered Species Act. The move came 10 years after the agency listed both species as ‘threatened’ under the act, as actions to designate critical habitat for the seals were deferred when NOAA’s proposed listings were challenged in court. NOAA’s legal challenges led to a settlement that allowed the agency to complete a final determination of critical habitat in 2022. But now that NOAA has designated critical habitat — 257,000 square miles for the ringed seal and 273,000 square miles for the bearded seals — Alaska claims too much land was designated and that the species are not even threatened.” [Courthouse News Service, 4/25/24 (=)]

 

Arizona

 

Tribal Nations Step Into Legal Fray Over Arizona Monument — “Native American tribes are seeking to weigh in on the legal battle over President Joe Biden’s designation of a sprawling national monument that surrounds the Grand Canyon National Park. The Havasupai Tribe, Hopi Tribe and the Navajo Nation filed motions on Wednesday seeking to intervene in two cases in the U.S. District Court for the District of Arizona. The lawsuits challenge Biden’s establishment of the Baaj Nwaavjo I’tah Kukveni — Ancestral Footprints of the Grand Canyon National Monument in northern Arizona last year. ‘We consider this landscape not just beautiful, but sacred,’ Hopi Tribe Vice Chair Craig Andrews said in a statement. ‘Our Tribal Nation has put a lot of work into protecting this gift from the Creator, and we will continue to do everything that we can to protect this area that we call home.’ The lawsuits were brought by the Arizona Legislature and an Arizona rancher represented by the Pacific Legal Foundation. Both argue that Biden exceeded his authority to create the monument when he established the nearly 918,000-acre site.” [E&E News, 4/25/24]

 

California

 

Allstate Will Insure California Homes Again, Under One Condition — “Allstate Corp. will end its years-long pause on underwriting in California as soon as the state regulator adopts proposed regulatory changes to make it easier for insurers to raise rates, according to a company spokesperson. ‘If the regulations were in effect today, we would begin selling new homeowner insurance policies tomorrow,’ said Gerald Zimmerman, senior vice president of government relations for Allstate, in a public hearing on April 23. ‘Let me repeat that: As soon as we can use catastrophe modeling and incorporate the net cost of reinsurance into our rates, we will be open to business in nearly every part of California.’ The company will offer coverage ‘in nearly every corner’ of California, Zimmerman said. The testimony marks the first time a large property insurer has publicly promised return to the market in the disaster-prone state if the new regulations are implemented. More than half of the major property insurers in California have cut back on business in the state in recent years in response to the increasing severity of wildfires, as well as state regulations that limit the cost of policies.” [Bloomberg, 4/25/24 (=)]

 

Colorado

 

Does Colorado Help Ranchers Protect Against Wolves? — “Yes. The state anticipated conflicts when Parks and Wildlife officials released five gray wolves onto public lands in Grand County in December to reestablish wolves in Colorado. Lawmakers created a compensation fund offering up to $15,000 once Wildlife officials confirm wolves have killed livestock or working animals. Owners file a claim in which they can ask for the value of the animal or the production lost because of the killing. Colorado law also requires Parks and Wildlife to help ranchers prevent and resolve conflicts. The state offers ‘a suite of non-lethal tools’ and expertise, Colorado Parks and Wildlife spokesman Travis Duncan said in an email. In 2024, state officials loaned out fox lights or motion-triggering scare lights at 11 properties. Last year, fladry — a line of bright red flags — was installed on five projects.” [The Colorado Sun, 4/26/24 (+)]

 

Montana

 

Signal Peak Sues BLM For Stalling On Coal Lease, Says Mine May Have To Close — “The only underground coal mining company in Montana is suing the Bureau of Land Management and its mining division for stalling a process that would open up more federal land to coal mining. Signal Peak Energy says without a timely approval process, the mine could close, leaving 300 workers in Musselshell and Yellowstone counties unemployed. Meanwhile, attorneys for the federal government argue in briefs filed earlier this week that the Washington, D.C., court that’s handling the trial should dismiss the suit because the Office of Surface Mining, Reclamation and Enforcement still has eight more months, according to law, to complete an environmental impact statement. They argue the company has no case, and that it’s not ‘ripe’ for a judge’s decision. However, the court battle is just one of many that have played out for the Bull Mountain Mine, which straddles the county line between Musselshell and Yellowstone and serves as one of the largest job producers in the region.” [Daily Montanan, 4/25/24 (=)]

 

New Mexico

 

How To See All Of Guadalupe Mountains National Park In Your EV — “Growing up around El Paso and southern New Mexico, Guadalupe Mountains National Park has long been a place to go. As a kid, I spent a lot of Saturdays getting up early in the morning to go visit Pratt Cabin in McKittrick Canyon, and even got to go inside a few times when we were lucky enough to show up when a ranger was letting people tour the inside. In recent years, I’ve started exploring the back roads more. When it comes to US-62/180 (the National Parks Highway), you’re already on a bit of a back road, so most people aren’t aware that there are roads even further back away from the interstate! Behind these national parks, I found some real gems, and it’s clear that I’ve barely scratched the surface. So, in this article, I want to talk about not only how to get to the main part of Guadalupe Mountains, but how to see the rest of the park and the mountains behind it in an EV!” [CleanTechnica, 4/25/24 (+)]

 

Oregon

 

Protect The Owyhee Aims To Secure Protections For The Oregon Owyhee Canyonlands — “The Owyhee Canyonlands in Oregon is a vast, rugged, and unique landscape. Protect the Owyhee hopes to get this land designated as a National Monument as legislation stalls in Congress. Protect the Owyhee is made up of several conservation groups who are working to get protections in place, that includes Tim Davis who grew up in Adrian and founded Friends of the Owyhee. ‘We are trying to protect this land from industrial development that could be power corridors that could be dune mines coming into the landscape,’ said Davis. ‘We want to keep this place wild for future generations.’ In 2019, Oregon Senator Ron Wyden started working with conservation groups, anglers, recreation groups, tribal nations, ranchers and local businesses to draft up legislation to protect the Owyhee Canyonlands.” [KIVI-TV, 4/25/24 (=)]

 

Rhode Island

 

Some Anglers Say Rhode Island’s Block Island Wind Farm Has Improved Fishing — “Off the coast of Rhode Island, anglers fish for striped bass, fluke, and mahi-mahi. Smythe: ‘Recreational angling is a prominent, very important use of our coastal waters. It is an economically, socially, culturally important activity.’ So Tiffany Smythe of the United States Coast Guard Academy says it’s important to know how anglers feel about fishing near offshore wind turbines. Her team surveyed about 200 recreational anglers about the Block Island Wind Farm — the nation’s first offshore wind farm. Smythe: ‘We found, overall, a neutral to positive effect of this wind farm project on recreational angling.’ She says many of those surveyed believe the turbines improve fishing. Respondents say the bases of the turbines attract fish, like artificial reefs. But some express concerns about this or future wind projects — for example, whether they would interfere with fishing access or cause crowding.” [Yale Climate Connections, 4/25/24 (+)]

 

Virginia

 

Nation’s Largest Offshore Wind Farm Clears Final Federal Hurdle — “The nation’s largest offshore wind farm has won its final federal permit to raise more than 176 turbines off the coast of Virginia Beach, a federal council said Wednesday. The $9.8 billion wind farm, being built by the Richmond, Virginia, utility Dominion Energy, could power more than 600,000 homes. It received its final federal approval earlier this month with an air quality permit from EPA. The Federal Permitting Improvement Steering Council announced the progress Wednesday. The body was created by the Fixing America’s Surface Transportation Act in 2015 to coordinate federal environment reviews for infrastructure projects seeking to avoid potential bureaucratic delays. Offshore wind farms currently represent almost half of the projects being supported by the council, said Eric Beightel, permitting council executive director, in a statement. ‘Offshore wind energy is a cornerstone of the Permitting Council portfolio,’ he said. ‘These final approvals for the Coastal Virginia Offshore Wind project represent a significant milestone in our work, as it is the largest offshore wind energy project in U.S. history.’” [E&E News, 4/25/24 (+)]

 

Washington

 

Feds Will Bring Grizzly Bears Back To The North Cascades — “Grizzly bears will return to the North Cascades region of Washington state under a final plan announced Thursday by the Fish and Wildlife Service and the National Park Service. Following several years of stop-and-start studies conducted under intense political and public scrutiny, the two Interior Department agencies said they settled on a plan to relocate grizzly bears from other regions and insert them into the 9,800-square-mile North Cascades area. The so-called record of decision adopts what the agencies previously identified in March as their preferred alternative among the various grizzly bear options being considered. ‘We are going to once again see grizzly bears on the landscape, restoring an important thread in the fabric of the North Cascades,’ Don Striker, superintendent of the North Cascades National Park Service Complex, said in a statement. The plan calls for the federal agencies to move between three to seven grizzly bears annually into the North Cascades region for a period of between five and 10 years. The goal is to establish an initial population of 25 bears scattered through a mountainous region that the agencies noted is ‘larger than the state of New Jersey, and contains some of the most intact wildlands’ in the Lower 48 states.” [E&E News, 4/25/24 (=)]

 

 

 

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