Lawmakers approve amendment to reform mine permitting: “The House yesterday advanced a proposal to speed up mine approvals for critical minerals, a longtime industry goal. The language, from Rep. Mark Amodei (R-Nev.), was one of about 100 amendments approved yesterday during debate on the House version of the National Defense Authorization Act. It would make myriad changes to environmental permitting for critical minerals, including designating a lead federal agency and slapping a 30-month time limit on the National Environmental Policy Act permitting process. Amodei framed the language as a facet of the Trump administration's deregulatory agenda, drawing on an executive order signed in December on critical minerals — elements deemed essential to national or economic security. But it also mirrors Amodei's H.R. 520, a version of which has passed the House Natural Resources Committee along party lines in each of the previous three sessions of Congress. Democrats yesterday slammed the language, saying it would effectively waive environmental laws, even for sand and gravel mines, which generally are not considered critical minerals. "This is a deliberate distortion of the meaning of what is a critical mineral," Rep. Alan Lowenthal (D-Calif.) said on the floor. But Amodei's amendment has strong backing from the mining industry, which has been pushing for years to tack critical mineral language onto the defense bill. Lengthy permitting times, industry groups argue, mean the military relies heavily on foreign imports for some of its most important mineral resources. "Minerals are the tip of the supply chain that provides our men and women in uniform with the equipment they need to keep themselves and our country safe," Hal Quinn, president and CEO of the National Mining Association, said in a statement yesterday. "Unfortunately, as our import dependence continues to increase for the minerals we need here at home, our supply chain is increasingly vulnerable," he said. Amodei added that sand and gravel would not necessarily be considered critical, because the language lays out a process for federal land managers to approve or deny the designation. The amendment passed 229-183. But Lowenthal predicted it would be tossed from the defense authorization bill in conference. The Senate has been cool on Amodei's language in the past. "This amendment will have similar luck in the Senate, and it has no business in a defense authorization bill," Lowenthal said.”

[E&E News, 5/24/18] https://goo.gl/hX71XM

Federal court to weigh Keystone XL pipeline's fate today: “A closely watched legal debate over the Keystone XL pipeline is set for a federal court hearing today. The U.S. District Court for the District of Montana is scheduled to hear arguments over whether the Trump administration violated the law when it approved a permit for Keystone XL last year. President Trump pushed to expedite approval of the contentious TransCanada Corp. oil project as soon as he took office in 2017, and the State Department issued a critical cross-border permit two months later. But a coalition of environmental and tribal advocacy groups says the administration's reliance on a 2014 environmental impact statement violated federal law, falling short of the National Environmental Policy Act's requirement that agencies take a "hard look" at potential impacts of major projects. The Sierra Club, Bold Alliance, the Indigenous Environmental Network and several other groups filed lawsuits in Montana, claiming violations of NEPA and the Administrative Procedure Act. The groups face off today with lawyers from TransCanada and the Trump administration. Both sides have asked the Montana district court to grant summary judgment in their favor. Government lawyers argue that Trump officials were well within their authority to approve the project and had discretion to reject the conclusions of the Obama administration, which rejected Keystone XL in 2015. The environmental groups, meanwhile, are focused on claims that the government cannot support its approval with the 2014 EIS, especially in light of route changes required by Nebraska regulators last year. The groups cleared a major hurdle last November when Judge Brian Morris, an Obama appointee, rejected government requests to toss the lawsuits. The pipeline also needs a right of way from the Bureau of Land Management to cross federal land in Montana. The government is working on a supplemental environmental analysis for that application.”

[E&E News, 5/24/18] https://goo.gl/1V77DY

Keystone XL Back in Court, Future Uncertain: “Today, in the U.S. District Court for the District of Montana, NRDC and its environmental co-plaintiffs argued that the Trump administration’s rubber-stamp approval of the cross-border permit for the proposed Keystone XL tar sands pipeline violated federal law. The hearing—on our motion for summary judgment—marks the latest pivotal moment in this decade-long fight to protect drinking water, human health, and our shared global climate. If the suit succeeds, the pipeline’s cross-border permit could be voided, throwing the project’s future further into question. Today’s arguments center around the Trump administration’s blatant disregard for several key environmental laws: The National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Administrative Procedure Act (APA). At the highest level, we argue that the administration’s reliance on an outdated environmental impact statement (once used to deny the very same permit this administration has granted), completed in early 2014, is contrary to NEPA, as much of data, analyses, and conclusions contained in that document are stale and inaccurate. This includes a failure to consider the project’s new route through Nebraska, and a host of critical updates to key information around oil prices, crude-by-rail, oil spill response and preparedness, and greenhouse gas emissions. Finally, we argue that the Fish and Wildlife Service violated the ESA by failing to justify how it reached its conclusions around potential impacts to three key species impacted by the project: the whooping crane, interior least tern, and piping plover. Several weeks ago, Keystone XL popped up in the news following release of a letter from the proposed pipeline’s owner, TransCanada. In the letter, the company stated that it would start tree clearing to make way for construction camps in the fall of 2018. This wasn’t actually news—but it signaled to some that Keystone XL might be closer to reality than is actually the case. Today’s hearing in Montana paints that picture clearly: this proposed project faces a series of legal, economic, and political hurdles that will only continue the delays that should have long ago led to the project’s final cancellation.”

[NRDC, 5/24/18] https://goo.gl/dpqN8x

Endangered Fish: Huntsville AL says it has met requirements: “The city of Huntsville is facing increased scrutiny from a conservation group over its efforts — or alleged lack thereof — to protect an endangered fish found near the site of the future Toyota-Mazda production facility. The Center for Biological Diversity sent a letter this week to Huntsville City Council President Mark Russell and Shane Davis, Huntsville's director of urban development. The letter expressed concerns over how the Toyota-Mazda project could impact the spring pygmy sunfish, which lives in the Beaverdam spring and creek on the east side of Powell Road. Earlier this month, the center announced its plans to sue the U.S. Fish and Wildlife Service over what it deemed as a failure to protect the fish. The letter sent this week was written by Elise Bennett, staff attorney with the CBD, and was also sent to officials with the U.S. Fish and Wildlife Service and U.S. Army Corps of Engineers, Mobile District. Bennett said Huntsville's plan to transfer two existing Candidate Conversation Agreements with Assurances from two agricultural operations to the Toyota-Mazda project “will not meet the requirements of the Endangered Species Act, nor will it protect the spring pygmy fish from extinction.” The letter said the city should develop a new habitat conservation plan that “sufficiently identifies, addresses and mitigates the multitude of new threats the automobile plant poses to the sunfish.” It also said the Toyota-Mazda project should obtain an incidental take permit for any impacts to the fish caused by the project. “Without meeting these obligations, the authorization and operation of the Mazda-Toyota plant will violate the Endangered Species Act and National Environmental Policy Act and place the spring pygmy sunfish and other rare species at greater risk of extinction,” the letter said. Davis on Wednesday said the city in the process of working with the appropriate federal authorities to transfer the CCAAs for the Toyota-Mazda project.”

[Huntsville News Courier, 5/24/18] https://goo.gl/teUUXR

More than 4,000 acres of land in northern Arizona to be auctioned for gas and oil exploration: “A Trump administration plan calls for auctioning off about 4,200 acres of public land for oil and gas development in northern Arizona, but environmental groups are poised to block the measure in court. It’s been more than five months since the White House rolled back environmental protections for oil and gas leasing on public lands. Taylor McKinnon, public lands campaigner with the Center for Biological Diversity, said his group is already involved in federal lawsuits to protect public lands from oil and gas exploration. “What we’re seeing in this instance is the Bureau of Land Management, as we’re seeing all over the country, skipping environmental and public review when holding this lease sale and conveying development rights to industry. And that’s dangerous,” he said. The center said the land straddles the Little Colorado River, and drilling and fracking in the area would threaten to deplete and pollute groundwater. McKinnon said the administration is ignoring federal law. “The National Environmental Policy Act requires federal decisions, like oil and gas leasing, be subject to approval under that law. In this case they’re skipping that step,” he said. Lawsuits already have been filed by his organization against BLM in Ohio and Colorado, specifically related to fracking. McKinnon said his organization is prepared to do the same in Arizona.”

[Cronkite News, 5/24/18] https://goo.gl/9XuzGt

Bridge EIS common theme at Idaho hearing: “Calls for a more stringent environmental review was a common refrain during a public hearing on a second BNSF Railway bridge across Lake Pend Oreille on Wednesday night. “The water quality of Lake Pend Oreille is extremely important to us,” said Bonner County resident Rebecca Holland, who supported calls for the bridge proposal to be subjected to a full-blown Environmental Impact Statement under the National Environmental Policy Act as opposed to a less rigorous Environmental Analysis. But local elected officials are divided on the question of an EIS. The Sandpoint City Council has called for an EIS, while members of the Bonner County commission said they are satisfied with an EA. “The fear is that with double the tracks we will have increased overall traffic, which increases the likelihood of a derailment, which could be catastrophic for this community environmentally, economically and in terms of the quality of life that we enjoy here,” Sandpoint Mayor Shelby Rognstad told Idaho Department of Lands officials during the hearing. County commissioners Glen Bailey and Dan McDonald disagreed with the need for an EIS. “This is premature and unnecessary,” said Bailey, the commission’s chairman. McDonald said transitioning to an EIS would needlessly delay the project. “That is precisely why we at the Bonner County commissioners’ office chose not to weigh on a recommendation to a call for an EIS,” said McDonald. BNSF Railway has been touting the massive sums of money it pours into maintaining, improving and monitoring its rail infrastructure. “Safety is key for us and this project. Not only will help make sure that freight can move more efficiently, it will also help with delays at grade crossings,” said BSNF spokeswoman Courtney Wallace. But a number of people who testified during the hearing were unconvinced, particularly in light of hazardous material, crude oil and coal shipments making their way through town, in addition to over and along the lake. “The railroads wants us to carry the risk with no reward,” said Hope resident Sandy Butler. “The question is whether they can operate it cleanly and safely. We need an EIS to answer that question.” Matt Nykiel of the Idaho Conservation League asked IDL to closely examine the direct economic benefits to the city and the county, in addition to assertions that a second bridge will ease congestion on the existing railway bridge and blockages at at-grade railroad crossings.”

[Bonner County Daily Bee, 5/24/18] https://goo.gl/gpGcq6

Justin McCarthy

Digital Director, NEPA Campaign

The Partnership Project
1101 Connecticut Ave NW, 10^th Floor

Washington, DC 20036 USA

T: (202) 650-0327
C: (540) 312-3797

E: jmccarthy@partnershipproject.org

The Partnership Project, a registered 501 (c) (3) non-profit, is a collaborative effort of over 20 of the country’s most influential advocacy organizations.