BLM halts leases after sage grouse, climate legal brawls #KeepItInTheGround #ActOnClimate

From E&E News (Niina H. Farah):

Federal officials have withdrawn thousands of acres of land slated for sale to the oil and gas industry after courts demanded that the government take a closer look at greater sage grouse habitat protections and climate change impacts.

Conservation groups opposing the Bureau of Land Management’s actions say a recent slate of deferred lease sales in Colorado, Nevada and Utah illustrate the problems with the Trump administration’s aggressive push to encourage energy development on public lands…

“The broader pattern we’ve seen from this administration has been a headlong rush to get as much remaining sage grouse habitat under lease as possible,” said Michael Saul, a senior attorney at the Center for Biological Diversity’s public lands program.

He said the Trump administration’s “energy dominance” approach has led BLM to violate federal laws like the National Environmental Policy Act.

“That needs to stop,” Saul said. “They are not simply a real estate sales agency. Under congressional statute, they have multiple obligations, which include duties to conserve wildlife habitat.”

BLM yesterday added to its growing list of delayed leases when it deferred its Dec. 19 Colorado sale in response to a federal court order temporarily blocking implementation of the Trump administration’s greater sage grouse plan.

Judge B. Lynn Winmill, a Clinton appointee to the U.S. District Court for the District of Idaho, required BLM to revert to evaluating leases under sage grouse plans the Obama administration finalized in 2015…

The six parcels covered 4,259 acres and were subject to sage grouse habitat restrictions.

Conservation groups lauded the move, while urging BLM to take more permanent action to stop lease sales on the birds’ habitat. Other state offices could defer or cancel leases as more sales approach next month…

The BLM office was responding to a lawsuit filed in September by the Center for Biological Diversity, Living Rivers and the Southern Utah Wilderness Alliance, which raised claims that the agency had not adequately considered the impacts of climate change from leases in the central and northeast portions of the Beehive State.

The lawsuit encompassed eight different parcels finalized between 2014 and 2018. The leases fit into a pattern of BLM failing to adequately consider climate impacts, said Diana Dascalu-Joffe, a senior attorney at the Center for Biological Diversity.

Altogether, Utah has had over 300,000 acres of leases suspended in response to similar litigation…

In addition to challenges over sage grouse protections and climate change, Dascalu-Joffe said concerns about analysis of cumulative water withdrawal impacts could also become an area of legal vulnerability for BLM.

She noted that while the preliminary injunction forced BLM to look at sage grouse impacts in a more programmatic way, the same was not true for assessing climate impacts.

“I don’t have a lot of confidence that this is going to drive any programmatic analysis of climate impacts from the entire oil and gas program because that’s not how this agency works right now,” Dascalu-Joffe said.

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