Forest Service and BLM Processes for Oil and Gas Leasing 101

The Ruby Mountains – image – Tom Hilton/Flickr

We recently heard about the Humboldt- Toiyabe decision to not allow oil and gas leasing  in the Ruby Mountains.  One of the reasons was public opinion (which I would have to say, in my experience,  always runs numerically against oil and gas leasing). The other was that there is not expected to be oil and gas able to be profitably extracted there.  Jon asked “if there isn’t, why did they go to all this trouble?” The answer must lie in legal requirements and agency processes.

I reached out to the HT folks, and it turns out they explained the process very clearly in their EA. I still have a few questions I will run down and post later.

The purpose of this action is to determine what lands, as requested by the BLM and located on the Humboldt-Toiyabe National Forest MCRJ Ranger District, would be available or not available for future oil and gas leasing conducted through lease sales by the BLM. For NFS lands made available, the Forest Service would provide consent to the BLM for leasing of lands, along with any stipulations/lease notices to protect surface resources. The need for action is to respond to the Nevada State BLM Office request asking for leasing concurrence and to satisfy the Forest Service’s respective statutory and policy mandates of responding to such requests for the environmentally responsible development of energy resources.

The BLM and Forest Service have shared responsibilities for oil and gas leasing on NFS lands. The BLM is responsible holding sales and issuing oil and gas leases on Federal lands, including NFS lands. The BLM cannot offer NFS lands and issue leases for oil and gas leasing without the Forest Service first providing a consent to lease decision.

Leasing is authorized under the Mineral Leasing Act of 1920, as amended and modified by subsequent legislation, and Department of the Interior BLM regulations found at 43 CFR 3100. Oil and gas leasing is recognized as an acceptable use of public lands under the Federal Land Policy Management Act. The Nevada BLM conducts quarterly lease sales. Once a parcel is leased, the lessee has the ability to develop the lease by exploring, drilling, and producing all of the oil and gas within the lease boundaries extended vertically below the surface, subject to stipulations and notices attached to the lease (Title 43 CFR 3101.1–2).

Leases are issued for a 10-year period and continue as long as oil or gas is produced in paying quantities. Leasing availability decisions by the Forest Service and leasing issuance by the BLM do not approve any ground disturbing activities. Any future ground disturbing activities proposed following postleasing would require additional NEPA.”

BLM asks, and the FS responds with a NEPA document and decision but after the lease sale if it is sold the actual drilling activities require another site-specific NEPA document. Of note to plan-watchers is the presence  of “NSO stipulations” in the Forest Plan for this area. NSO means “No Surface Occupancy”. The BLM can still lease without surface occupancy as explained here:

A NSO stipulation is restrictive to the surface and no surface drilling activity can occur where applied, however, NSO does not prohibit subsurface exploration and development beneath NFS lands accessed by directional drilling or well spacing from leases on adjacent lands. Oil and gas reserves may be tapped without disturbing the surface through directional drilling or well spacing. For example, where a lessee holds a lease without NSO stipulations on BLM/private lands and also holds a lease on adjacent NFS lands with NSO stipulations, the lessee has the right to extend directional drill legs from nearby leased lands beneath the surface of NFS leased lands with NSO stipulations. Types of activities that can still occur from adjacent leases and extend beneath leased NSO lands include horizontal or directional drilling legs and any of the stimulation or completion techniques (includes hydraulic fracturing) along those legs.

IMHO there’s a very clear description of the Responsible Official’s rationale on page 3 of the EA. We can see that the previous decision to impose NSO stips at the Forest Plan level (they can be included in a plan revision or done separately as an amendment) was a valuable exercise  in advance of this decision- it makes more sense to do at the forest spatial scale than one request at a time.

The Peculiar Symbiosis of the Outdoor Recreation and Oil and Gas Industries

14er parking lot

To me, as well as others in my home state, the question of which environmental impacts of which industries are examined in detail, and how that is, or is not covered in the news is always a bit mysterious. Because there is oil and gas production here, we can read op-eds from voices you might not otherwise hear from.
From 2018 here in the Denver Post.

Western Energy Alliance welcomes the Outdoor Industry Association and its Outdoor Retailer show to Denver. The oil and natural gas industry is full of outdoor enthusiasts like myself who love to hike, camp, hunt, fish, paddle, climb, etc. We appreciate the myriad products that enhance the outdoor experience and protect us from the elements.

We’d also like to say you’re welcome. Without oil and natural gas, the outdoor industry and its customers couldn’t enjoy the great outdoors. Most obvious is the fuel to get people to remote wilderness areas or far-away national parks and to deliver goods to retail outlets.

What’s not so obvious is that just about every article of outdoor clothing and piece of gear is made from oil and natural gas. Spandex, nylon, fleece, Gore-Tex, plastics, high-tech lightweight fills, and other synthetic materials used in outdoor recreation products are engineered from petroleum.

Despite that symbiotic relationship, the Outdoor Industry Association and some of its member companies are often at odds with the oil and natural gas industry. From advocating against hydraulic fracturing to opposing responsible energy development on non-park, non-wilderness public lands, the outdoor industry often opposes the oil and natural gas on which it depends. Is it a cynical “greenwashing” ploy to sell more of its petroleum-based products while hoping the public doesn’t notice the hypocrisy?

(Personally, I don’t believe that’s the case).

As an advocacy organization, the outdoor industry often makes the point that outdoor recreation provides $887 billion in consumer spending and employs 7.6 million people. The association likes to tout its job numbers and argue that outdoor retailers’ economic impact is larger than the oil and natural gas industry. However, using similar economic modeling PricewaterhouseCoopers finds, in a study for the American Petroleum Institute, that oil and natural gas supports 10.3 million jobs and $1.3 trillion in economic impact.

All jobs and economic opportunity are to be applauded. The good news is it’s not a zero-sum game. A job in the oil and natural gas industry doesn’t mean one less in the recreation industry. In fact, the prosperity brought on by producing oil here and not importing it from Russia or Venezuela ultimately leads to more Americans who can afford the latest high-tech climbing gear or a vacation to put it to use.

Even if the OR industry brought more into the economy than O&G, they necessarily depend, as right now, we all do, on O&G production and use for those jobs and spending. Personally, I don’t believe that buying or selling stuff made from oil and gas, in stores heated with oil and gas, for people who drive to recreate in vehicles powered by gas and lubricated by oil, is essentially more virtuous than providing oil and gas for transport, heating and electricity for everyone, young and old, rich and poor, disabled or not, who shop at Walmart or REI. I can’t understand the idea that industries that consume energy based on fossil fuels are more virtuous that industries that produce it. Especially since people need heat and electricity, and probably don’t need marijuana, a lift ticket, or even, this one’s tough.. beer.

Another gas pipeline down the tubes?

Since the NFS litigation reporter is apparently furloughed, here is something you might not want to miss …

In July the 4th Circuit Court of Appeals ruled against the Jefferson National Forest for improperly amending its forest plan to create an exception to forest plan standards to allow the construction of the Mountain Valley Pipeline (reported here and discussed here).   On December 13, the same court ruled against the George Washington and Monongahela National Forests for improperly amending their plans to create exceptions to 13 forest plan standards to allow the construction of the Atlantic Coast Pipeline.  Cowpasture River Preservation Association v. Forest Service again involved interpreting a 2016 amendment to the Planning Rule that governs the application of the 2012 Rule to forest plan amendments. It also again involved circumstances where the Forest Service reversed itself regarding its concerns about the effects of a pipeline without justification.

Forest plan amendments to existing plans (that were not prepared pursuant to the 2012 Planning Rule) are subject to the substantive requirements of the 2012 Planning Rule when those requirements are directly related to the amendment. This may occur when the requirements are related to either the purpose or effects of the amendment(in a “substantial” way). The Forest Service found that relevant effects on soil, water, riparian, threatened and endangered species, and recreational and visual resources were mitigated, but ignored the purpose of the amendment, which was (as stated in the NEPA documents) to reduce the protection of those resources so the Pipeline could proceed. As stated by the court, “To say that a 2012 Planning Rule requirement protecting water resources (as one example) is not “directly related” to a Forest Plan amendment specifically relaxing protection for water resources is nonsense.”

The court rejected the argument that it is the purpose of the project that should be considered rather than the purpose of the amendment, and rejected the idea that these requirements do not apply to amendments limited to an individual project. It found, “If the Forest Service could circumvent the requirements of the 2012 Planning Rule simply by passing project-specific amendments on an ad hoc basis, both the substantive requirements in the 2012 Planning Rule and the NFMA’s Forest Plan consistency requirement would be meaningless.” The court also suggested that there would be “substantial” adverse effects of this project that should lead to a conclusion that the amendments are “directly related,” and the 2012 Planning Rule requirements would apply. The court held: “The lengths to which the Forest Service apparently went to avoid applying the substantive protections of the 2012 Planning Rule — its own regulation intended to protect national forests — in order to accommodate the ACP project through national forest land on Atlantic’s timeline are striking, and inexplicable.”

The court also found a violation of forest plan goals, “because it failed to demonstrate that the ACP project’s needs could not be reasonably met on non-national forest lands.”   The FEIS did not address this question, but instead found that no national forest avoidance alternative “confers a significant environmental advantage over the proposed route.”   The court held that consistency with plan goals is required by the 2012 Planning Rule (even though the goals were not written when that Rule was in effect). The Forest had included the goals (which are also found in the Forest Service Manual) in its scoping material for the Pipeline project. The court held that the Forest Service “is not free to disregard the goal entirely — as the Forest Service apparently wishes to do here.”

The court also found violations of NEPA. The EIS was prepared by the Federal Energy Regulatory Commission (FERC), but the Forest Service had duty to independently review it. The Forest Service never explained why it was satisfied with the lack of off-forest alternative routes after it had said they were required. The Forest Service also failed to explain why it lost interest in landslide risks, erosion control and aquatic species that it had previously expressed concerns about. The court found, “the record before us readily leads to the conclusion that the Forest Service’s approval of the project “was a preordained decision” and the Forest Service “‘reverse engineered’ the [ROD] to justify this outcome.”

The court remanded the Forest Service decisions to grant the right of way to address these legal shortcomings. However, the court also found a potentially bigger problem: the Forest Service does not have the authority to grant a right of way across the Appalachian National Scenic Trail (necessary for the routes considered) because it is administered by the National Park Service, and the Park Service does not have authority to grant such a right of way at all. Thus this part of the Trump Administration’s “energy dominance” program could now be in the hands of a divided Congress.

Here is the line from the court that got the most media attention (includes a link to the opinion):

“We trust the United States Forest Service to “speak for the trees, for the trees have no tongues.” Dr. Seuss, The Lorax (1971). A thorough review of the record leads to the necessary conclusion that the Forest Service abdicated its responsibility to preserve national forest resources.”

Polis Renewable Energy Goals and the Lingering Need for Natural Gas

Gas fireplace. What will replace them?

While politics is too much of an “ends justify the means” activity for me, politicians (and creators of initiatives) sometimes have interesting policy ideas.

**Anyone who would like to submit a guest post about their own candidates/states initiatives related to forests or federal lands issues please consider yourself invited** I know there is a carbon tax initiative with (some) funding that would go to forests that sounds interesting in Washington State.

It all started when I was on gubernatorial candidate’s website here (Jared Polis of Colorado) doing research prior to filling out my ballot. “I’m running on a plan to bring Colorado to 100% renewable energy by 2040, we can’t afford to wait.” Now I live in a part of Colorado where propane tanks are pretty obviously providing the main source of heat. This was concerning to me, as I am still paying for a new energy-efficient gas tankless water heater. I thought of us converting to electric heat, or researchers finding a carbon-free substitute that will work in natural gas appliances. So I typed in a convenient chatbox on the Polis website and found out that 100% renewable really meant electricity. Whew!

I read further on the site:

“Some of our highest-skilled, and hardest working, women and men in the state currently work in coal or oil & gas development, and we cannot ignore the impact the transition to a renewable energy economy is having on our friends and neighbors. As Governor, I would recognize the importance of skills learned in coal and oil & gas development towards building a 21st century energy portfolio that will revitalize our rural communities and create jobs in infrastructure, manufacturing, and renewable energy development.

In both the short and long term, this transition will help fuel a vibrant Colorado economy. Projections show that reaching our renewable energy goals in Colorado will create over 49,000 construction jobs and over 21,000 operations jobs while saving consumers 10 percent on energy costs. “

It kind of sounds like if we have 100% renewable electricity, we won’t need natural gas, so geologists and others can retrain (or start a beer business and run for office, like our current governor, John Hickenlooper). But won’t we still need those folks to find and develop natural gas for the other uses (and other states)?

So I thought, well maybe, even though natural gas in heating and cooking occurs, it’s nowhere on the scale of natural gas used in electrical power generation, so we’ll need a lot fewer folks. But when I went to the ever-handy EIA tables (for example, here), it looks like more is used for residential than for electric power in the cold months. I found the same pattern in California, which has about 10x the industrial use of Colorado and uses it year-round. I’m assuming I’m reading these correctly, but if I’m not please let me know.

Well, back to the federal lands angle:

I’ll collaborate with everyone willing to contribute to achieve this goal. This has been my exact approach in Congress. For instance, I teamed up with Rep. Paul Gosar (R-AZ) to streamline permitting procedures for solar, wind, and geothermal projects on public lands. Working with Republicans, Democrats, and other constituencies to cut red-tape and compliance costs around clean energy projects is an important and necessary bipartisan route to success.

Hmm..one person’s “red tape and compliance costs that need to be reduced” could be someone else’s “vital environmental protections.” Since we seem to be using natural gas for the foreseeable future, why not honor the folks who can make its extraction and use more environmentally friendly?

Greater sage-grouse amendment amendment

Three years ago the Forest Service had this to say about the greater sage-grouse:

Two US Forest Service Records of Decision and associated land management plan amendments are the culmination of an unprecedented planning effort in cooperation with the Bureau of Land Management to conserve greater sage-grouse and its habitat on National Forest System lands and Bureau of Land Management-administered lands.

Last week it was this (and they initiated a public comment period):

Since approving the plan amendments in 2015, the Forest Service has gathered information and determined that the conservation benefits of Forest Service plans in Nevada and other states can be improved. That is, through repeated scoping, close collaboration with state and other federal agencies, and internal review, the Forest Service has identified proposed changes in the text of the greater sage-grouse plan amendments which would improve their clarity and efficiency and better align them with the Bureau of Land Management and state plans.

Specifically, the Preferred Alternative makes modifications to land management plans within the issue areas of: Habitat management area designation, including designating sagebrush focal areas as Priority Habitat Management Areas compensatory mitigation and net conservation gain; minerals plan components and waivers; exceptions and modifications; desired conditions; livestock grazing guidelines; adaptive management; treatment of invasive species; and changes to clarify text and eliminate errors and redundancies.

Oddly, it sounds like all of the new information must say that sage-grouse are doing better than we thought three years ago and/or they are less vulnerable to oil and gas drilling than we thought three years ago. The most important change in forest plans is probably this one (from an AP article):

The Obama administration created three protection levels for sage grouse. Most protective were Sagebrush Focal Areas, followed by Primary Habitat Management Areas and then General Habitat Management Areas. The Forest Service plan reclassifies the 1,400 square miles (3,600 kilometers) of Sagebrush Focal Areas as primary habitat.

The focal areas allowed no exceptions for surface development, while primary habitat allowed for limited exceptions with the agreed consent of various federal and state agencies. Under the new plan, the cooperation of states and some federal agencies to exceptions in primary habitat will no longer be needed for some activities but can be made unilaterally by an “authorized officer,” likely an Interior Department worker. That appears to be an avenue for opening focal areas to natural gas and oil drilling.

This amendment decision will be subject to the 2012 Planning Rule requirements for species viability and species of conservation concern (SCC) (from the DEIS):

… the FS is considering the effect on the greater sage-grouse as a potential SCC for each LMP that would be amended by this decision. The analysis in this DEIS shows that the amendments maintain ecological conditions necessary for a viable population of greater sage-grouse in the plan area for each LMP to which the amendments would apply.

Recall that the current conservation strategy was “generally viewed as keeping the bird from being listed for federal protections under the Endangered Species Act.”  What will the Zinke that is charge of the Fish and Wildlife Service have to say to the Zinke that is in charge of the BLM (and apparently the Forest Service)? Why does this remind me of political appointee Julie McDonald’s interference with decisions about lynx? Is it more about a new boss than about new science?  “A federal lawsuit is likely.”

Some more background is provided here.

Energy dominance coming to national forests

The Forest Service plans to submit a rule that would make it easier to explore oil and gas drilling, as well as mineral mining, in National Forests.

“It is in the national interest to promote clean and safe development of our Nation’s vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation,” the rule notice reads.

“The intent of these potential changes would be to decrease permitting times by removing regulatory burdens that unnecessarily encumber energy production. These potential changes would promote domestic oil and gas production by allowing industry to begin production more quickly,” the notice reads

I assume that any such burdens are in place because someone thought they were “necessary,” and I hope there is a good discussion of why they are no longer so.

For mining,

“Increasing the consistency of the agencies’ procedures and rules would benefit persons who conduct locatable mineral operations on the public lands managed by the [Bureau of Land Management] as well as on National Forest System lands managed by the Forest Service,” the notice reads.

Interesting how they are not even paying the lip service that usually sounds like this: “while protecting the environment and other national forest uses.”  I look forward to their analysis of effects on global warming.

Validated Science versus Unproven Scientific Hypothesis – Which One Should We Choose?

In a 6/13/18 article, David Atkins provides a critique of the assumptions behind the Law et al article titled: “Land use strategies to mitigate climate change in carbon dense temperate forests” and shows how hypothetical science can and has been used, without any caveat, to provide some groups with slogans that meet their messaging needs instead of waiting for validation of the hypothesis and thereby considering the holistic needs of the world.

I) BACKGROUND

The noble goal of Law et. al. is to determine the “effectiveness of forest strategies to mitigate climate change”. They state that their methodology “should integrate observations and mechanistic ecosystem process models with future climate, CO2, disturbances from fire, and management.”

A) The generally (ignoring any debate over the size of the percentage increase) UNCONTESTED points regarding locking up more carbon in the Law et. al. article are as follows:
1) Reforestation on appropriate sites – ‘Potential 5% improvement in carbon storage by 2100’
2) Afforestation on appropriate sites – ‘Potential 1.4% improvement in carbon storage by 2100′

B) The CONTESTED points regarding locking up 17% more carbon by 2100 in the Law et. al. article are as follows:
1) Lengthened harvest cycles on private lands
2) Restricting harvest on public lands

C) Atkins, at the 2018 International Mass Timber Conference protested by Oregon Wild, notes that: “Oregon Wild (OW) is advocating that storing more carbon in forests is better than using wood in buildings as a strategy to mitigate climate change.” OW’s first reference from Law et. al. states: “Increasing forest carbon on public lands reduced emissions compared with storage in wood products” (see Law et. al. abstract). Another reference quoted by OW from Law et. al. goes so far as to claim that: “Recent analysis suggests substitution benefits of using wood versus more fossil fuel-intensive materials have been overestimated by at least an order of magnitude.”

II) Law et. al. CAVEATS ignored by OW

A) They clearly acknowledge that their conclusions are based on computer simulations (modeling various scenarios using a specific set of assumptions subject to debate by other scientists).

B) In some instances, they use words like “probably”, “likely” and “appears” when describing some assumptions and outcomes rather than blindly declaring certainty.

III) Atkins’ CRITIQUE

Knowing that the modeling used in the Law et. al. study involves significant assumptions about each of the extremely complex components and their interactions, Atkins proceeds to investigate the assumptions which were used to integrate said models with the limited variables mentioned and shows how they overestimate the carbon cost of using wood, underestimate the carbon cost of storing carbon on the stump and underestimate the carbon cost of substituting non-renewable resources for wood. This allows Oregon Wild to tout unproven statements as quoted in item “I-C” above and treat them as fact and justification for policy changes instead of as an interesting but unproven hypothesis that needs to be validated in order to complete the scientific process.

Quotes from Atkins Critique:

A) Wood Life Cycle Analysis (LCA) Versus Non-renewable substitutes.
1) “The calculation used to justify doubling forest rotations assumes no leakage. Leakage is a carbon accounting term referring to the potential that if you delay cutting trees in one area, others might be cut somewhere else to replace the gap in wood production, reducing the supposed carbon benefit.”
2) “It assumes a 50-year half-life for buildings instead of the minimum 75 years the ASTM standard calls for, which reduces the researchers’ estimate of the carbon stored in buildings.”
3) “It assumes a decline of substitution benefits, which other LCA scientists consider as permanent.”
4) “analysis chooses to account for a form of fossil fuel leakage, but chooses not to model any wood harvest leakage.”
5) “A report published by the Athena Institute in 2004, looked at actual building demolition over a three-plus-year period in St. Paul, Minn. It indicated 51 percent of the buildings were older than 75 years. Only 2 percent were demolished in the first 25 years and only 12 percent in the first 50 years.”
6) “The Law paper assumes that the life of buildings will get shorter in the future rather than longer. In reality, architects and engineers are advocating the principle of designing and building for longer time spans – with eventual deconstruction and reuse of materials rather than disposal. Mass timber buildings substantially enhance this capacity. There are Chinese Pagoda temples made from wood that are 800 to 1,300 years old. Norwegian churches are over 800 years old. I visited at cathedral in Scotland with a roof truss system from the 1400s. Buildings made of wood can last for many centuries. If we follow the principle of designing and building for the long run, the carbon can be stored for hundreds of years.”
7) “The OSU scientists assumed wood energy production is for electricity production only. However, the most common energy systems in the wood products manufacturing sector are combined heat and power (CHP) or straight heat energy production (drying lumber or heat for processing energy) where the efficiency is often two to three times as great and thus provides much larger fossil fuel offsets than the modeling allows.”
8) “The peer reviewers did not include an LCA expert.”
9) The Dean of the OSU College of Forestry was asked how he reconciles the differences between two Doctorate faculty members when the LCA Specialist (who is also the director of CORRIM which is a non-profit that conducts and manages research on the environmental impacts of production, use, and disposal of forest products). The Dean’s answer was “It isn’t the role of the dean to resolve these differences, … Researchers often explore extremes of a subject on purpose, to help define the edges of our understanding … It is important to look at the whole array of research results around a subject rather than using those of a single study or publication as a conclusion to a field of study.”
10) Alan Organschi, a practicing architect, a professor at Yale stated his thought process as “There is a huge net carbon benefit [from using wood] and enormous variability in the specific calculations of substitution benefits … a ton of wood (which is half carbon) goes a lot farther than a ton of concrete, which releases significant amounts of carbon during a building’s construction”. He then paraphrased a NASA climate scientistfrom the late 1980’s who said ‘Quit using high fossil fuel materials and start using materials that sink carbon, that should be the principle for our decisions.’
11) The European Union, in 2017, based on “current literature”, called “for changes to almost double the mitigation effects by EU forests through Climate Smart Forestry (CSF). … It is derived from a more holistic and effective approach than one based solely on the goals of storing carbon in forest ecosystems”
12) Various CORRIM members stated:
a) “Law et al. does not meet the minimum elements of a Life Cycle Assessment: system boundary, inventory analysis, impact assessment and interpretation. All four are required by the international standards (ISO 14040 and 14044); therefore, Law et al. does not qualify as an LCA.”
b) “What little is shared in the article regarding inputs to the simulation model ignores the latest developments in wood life cycle assessment and sustainable building design, rendering the results at best inaccurate and most likely incorrect.
c) “The PNAS paper, which asserts that growing our PNW forests indefinitely would reduce the global carbon footprint, ignores that at best there would 100 percent leakage to other areas with lower productivity … which will result in 2 to 3.5 times more acres harvested for the same amount of building materials. Alternatively, all those buildings will be built from materials with a higher carbon footprint, so the substitution impact of using fossil-intensive products in place of renewable low carbon would result in >100 percent leakage.”
d) More on leakage: “In 2001, seven years after implementation, Jack Ward Thomas, one of the architects of the plan and former chief of the U.S. Forest Service, said: “The drop in the cut in the Pacific Northwest was essentially replaced by imports from Canada, Scandinavia and Chile … but we haven’t reduced our per-capita consumption of wood. We have only shifted the source.”
e) “Bruce Lippke, professor emeritus at the University of Washington and former executive director of CORRIM said, “The substitution benefits of wood in place of steel or concrete are immediate, permanent and cumulative.””

B) Risks Resulting from High Densities of Standing Timber
1) “The paper underestimates the amount of wildfire in the past and chose not to model increases in the amount of fire in the future driven by climate change.”
2) “The authors chose to treat the largest fire in their 25-year calibration period, the Biscuit Fire (2003), as an anomaly. Yet 2017 provided a similar number of acres burned. … the model also significantly underestimated five of the six other larger fire years ”
3) “The paper also assumed no increase in fires in the future
4) Atkins comments/quotes support what some of us here on the NCFP blog have been saying for years regarding storing more timber on the stump. There is certainty that a highly significant increase in carbon loss to fire, insects and disease will result from increased stand densities as a result of storing more carbon on the stump on federal lands. Well documented, validated and fundamental plant physiology and fire science can only lead us to that conclusion. Increases in drought caused by global warming will only increase the stress on already stressed, overly dense forests and thereby further decrease their viability/health by decreasing the availability of already limited resources such as access to minerals, moisture and sunlight while providing closer proximity between trees to ease the ability and rate of spread of fire, insects and disease between adjacent trees.

Footnote:
In their conclusion, Law et. al. state that“GHG reduction must happen quickly to avoid surpassing a 2°C increase in temperature since preindustrial times.” This emphasis leads them to focus on strategies which, IMHO, will only exacerbate the long-term problem.
→ For perspective, consider the “Failed Prognostications of Climate Alarm

Some August FS court cases

 

The Forest Service recently won two lawsuits involving timber projects in Montana.

  • In Native Ecosystem Council v. Marten, the district court upheld the Telegraph Vegetation Project on the Helena Lewis and Clark National Forest.
  • In Native Ecosystem Council v. Erickson, it upheld the Smith Shields Forest Health Project on the Custer Gallatin National Forest.  One of the issues involved an amendment to the forest plan that modified standards applicable to elk habitat and old growth. In both cases, the court found that Forest was not arbitrary in concluding that the effects of the amendments were not significant and did not require an EIS.

In Sierra Club v. USFS, the 4th Circuit Court of Appeals ruled against the Jefferson National Forest for improperly amending its forest plan to create an exception to forest plan standards to allow the construction of the Mountain Valley Pipeline.  This was the first direct judicial test of the 2012 Planning Rule, but it was actually a test of a 2016 amendment to the Planning Rule that governs the application of the 2012 Rule to forest plan amendments.

That addition to the Planning Rule said:  Forest Service “shall . . . [d]etermine which specific substantive requirement(s) within §§ 219.8 through 219.11 are directly related to the plan direction being added, modified, or removed by the amendment,” and then “apply such requirement(s) within the scope and scale of the amendment,” and an agency’s “determination must be based on the purpose for the amendment and the effects (beneficial or adverse) of the amendment,” 36 C.F.R. § 219.13(b)(5).  The Preamble to the 2016 changes said, “When a specific substantive requirement is associated with either the purpose for the amendment or the effects (beneficial or adverse) of the amendment, the responsible official must apply that requirement to the amendment.

The Forest Service said that because the pipeline project would mitigate effects on soil and riparian resources they would not be “substantial,” and therefore the Forest did not apply the requirements of the 2012 Planning Rule related to soil and water resources, including “the ecological integrity of riparian areas” (36 C.F.R. § 219.8(a)(3)(i)).  The court held that, “the clear purpose of the amendment is to lessen requirements protecting soil and riparian resources, so the amendment was directly related to these requirements, and the Forest must apply the applicable Planning Rule requirements. It also held that the Forest had not adequately analyzed the effects of the pipeline on soil and riparian areas. The court remanded the amendment to the Forest “for proper application of the Planning Rule soil and riparian requirements to the Forest Plan amendment.”

Andrew Wheeler Acting EPA Administrator- and Bears Ears and Uranium

(Courtesy of Tim Peterson | LightHawk) Red Canyon on the west side of Cedar Mesa in southern Utah was once a busy uranium mining district. The BLM has approved an expansion for the idled Daneros Mine in Bullseye Canyon, pictured in the middle distance of this aerial photograph. Energy Fuels Resources wants to extract 500,000 tons of uranium ore over 20 years from the mine, just outside the former Bears Ears National Monument, but it says it can’t mine until uranium prices rebound.(from the Salt Lake City Tribune
While EPA isn’t our usual purview, this story is interesting for a number of reasons, not the least of which is the differences between national, Colorado, and interest group coverage. Here’s a piece from PBS Newshour. They note that “In 2009, he became a lobbyist for the firm Faegre Baker Daniels Consulting. While there, one of his main clients was Murray Energy, the largest privately-held coal mining company in the U.S.”

The Center for Western Priorities (a self-proclaimed “nonpartisan” group formed of partisan folks) says in their Twitter feed here:MEMO TO REPORTERS: New EPA head, Andrew Wheeler, lobbied DOI to gut Bears Ears National Monument.

A Colorado Politics piece focuses on Energy Fuel Resources, a uranium company, but also notes “Wheeler also has represented Xcel Energy, Colorado’s largest power utility, which has invested heavily in renewable energy.”

Xcel energy is responsible for the largest wind farm in Colorado at 90,000 acres and 300 turbines, story here.

But back to Energy Fuel Resources. This company first came to my attention because The Denver Post published an editorial about Energy Fuel Resources and Bears’ Ears based on a New York Times story, apparently without speaking directly withe the Energy Fuel folks for their perspective. Google tells me that Energy Fuels headquarters are 9.2 miles from the Denver Post.

Here’s EF’s side of the story as in their op-ed in response to the Denver Post here:

In response to a request for public comments, Energy Fuels sought minor boundary adjustments to create small buffers between the monument and our existing operations. Our proposed buffers would have impacted about 2.5 percent of the total land area of the monument. Trump decided to reduce the land by 85 percent. That was not our request.

Energy Fuels holds no properties or material financial interests inside the monument’s original or existing boundaries. Two years ago, we sold all our claims in the area to a tiny, micro-cap exploration company as part of a larger package of mining properties, mostly in New Mexico. Those claims, which were later included in the monument designation, hold no mineralization of interest to us and have no licenses or permits. No work has been performed on those properties in decades. The company paid us for this package of properties, in part, through the issuance of shares, so we own some shares in that company and have a seat on its board. However, those claims are of no interest to us and played no role in our position on the monument. In fact, the 2.5 percent reduction of the land area that Energy Fuels sought would have left those claims inside the monument.

This is from a letter to the Times:

Uranium is not a partisan Left/Right issue. Energy Fuels has received enormous support in recent years from agencies in both the Obama and Trump Administrations, along with agencies in the states in which we operate. The U.S. generates nearly two-thirds of our non-emitting, zero-carbon electricity from nuclear energy, which is critical to combatting air pollution and climate change. This energy is fueled by uranium.

Here’s what the Times story said:

Yet, two weeks after Mr. Zinke’s visit, Energy Fuels wrote to the Interior Department arguing there were many other known uranium deposits within Bears Ears ‘that could provide valuable energy and mineral resources in the future’ and urging the department to shrink the monument away from any ‘existing or future operations,’ ” Tabuchi wrote, not indicating her source for the email.

Here’s the text of Energy Resources’ public comment letter.

And Energy Fuels’ own interpretation of the sentence they wrote in the letter. “We pointed out the fact that there are uranium and vanadium deposits on some of the land (facts that anyone could find on USGS and other government reports). But, we as a company have no interest in mining the land in the original designated boundaries of the monument.” (from an email to me.)

The Colorado Politics story refers to “Fortune magazine says that “while working as a lobbyist, Wheeler worked, along with Interior Secretary Ryan Zinke, to open part of Utah’s Bears Ears National Monument for uranium mining.” Which assumes, I guess, that at the lobbying meeting, Energy Resources lobbied for something they did not say in their letter. How would anyone know that? How could it be proven one way or another? I guess we have to wait and see if any applications come in to the BLM.

Why we need coordinated planning for habitat connectivity

The Bridger-Teton National Forest amended its forest plan in 2008 to designate the portion of the “Path of the Pronghorn” migration corridor in Wyoming for special management to protect this historic 90-mile route with a northern terminus in Grand Teton National Park used for summer range.  It’s probably the most significant action taken by the Forest Service to plan for wildlife connectivity.

The BLM chose to not play along at the southern end where major oil and gas fields are found in the species’ winter range, and the migration route lacks recognition, and protection, through BLM lands along its southern reaches.  Now they have issued an EIS for oil and gas development there.  Ideally, the EIS will disclose the effects on pronghorn migration and on the national park (using the best available science), which could include exterminating this migration and its pronghorn herd.  But I wanted to comment on the planning aspect of this problem.  BLM blames the State of Wyoming:

“It would help us out if the [Wyoming] Game and Fish were to formally designate something in there,” said Caleb Hiner, who manages the BLM’s Pinedale Field Office.

The Forest Service didn’t wait for state action to protect national forest lands.  As an environmental activist said, “The BLM has all the authority it needs to protect what it wants to protect in a site-specific document,… The BLM could decide tomorrow that it doesn’t want to lease or develop any of the NPL.”

The 220-square-mile project has major economic potential, and could generate 950 jobs and produce somewhere in the range of 3 trillion cubic feet to 5 trillion cubic feet of natural gas, Hiner said. It would add up to 350 wells to the landscape annually for the next 10 years, a level of development that equals the number of wells permitted for drilling in the BLM’s entire Pinedale Field Office during 2017.

The argument by the proponent seems to be that they can figure out mitigation well-by-well, but at that point there is little opportunity to develop an effective strategy for pronghorn to navigate the system of wells, especially with no plan-level requirement to do so.

It is important for federal land managers be leaders in coordinating connectivity conservation planning, if for no other reason that that may be what is necessary to provide for viable populations of migrating species to continue to use federal lands.  The absence of a plan based on an overarching strategy for the full extent of the herd’s range could now be fatal to a ecological phenomenon that has been occurring, in part on national forest lands, for thousands of years.