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Wildlife Gets Short Shrift In Ruling On TRCP Suit
Federal appeals court rules in favor of expanded energy development in wildlife-rich region popular with sportsmen in Wyoming’s Upper Green River Basin.

Theodore Roosevelt Conservation Partnership

WASHINGTON --(Ammoland.com)- The U.S. Court of Appeals for the District of Columbia Circuit found that the Department of the Interior adhered to federal law in its decision to vastly expand energy development on wildlife-rich public lands located on southwestern Wyoming’s Pinedale Anticline, the Theodore Roosevelt Conservation Partnership announced today.

The TRCP suit, filed in 2008, contended that the Bureau of Land Management failed to implement “adaptive environmental management” and mitigation activities as committed to in decision documents for the Pinedale Anticline natural gas project, which comprises crucial winter range for one of the state’s largest mule deer populations and prime sage grouse habitat in the Upper Green River Basin. Mule deer numbers have declined by more than half in the project area in the decade since development began.

The court ruled that the BLM properly considered a reasonable range of alternatives in the 2008 record of decision, or ROD, for the project, even though it did not consider an alternative that would restore wildlife to levels consistent with the initial ROD, released in 2000. The court further found BLM’s prior commitments could not be enforced because the new 2008 ROD superseded those commitments and BLM was entitled to a presumption that it would implement the 2008 ROD to ensure against unnecessary and undue degradation.

“Essentially, federal law allows the Bureau of Land Management to permit expanded energy development even in the face of declining wildlife populations. If this is the law, then law needs to be changed,” said TRCP President and CEO Whit Fosburgh. “Mule deer populations in the area have declined precipitously since development began in 2000 and since the 2008 ROD. No one disputes this fact. These losses are unacceptable to sportsmen and should outrage anyone who cares about the conscientious administration of fish, wildlife and public lands.”

In its ruling, the court also found that the agency fully considered the impact of the project on hunting in the region and that the mitigation measures adopted by BLM on balance would comply with BLM’s duties under the Federal Land Policy and Management Act. The TRCP maintains that BLM decisions regarding development in the anticline consistently ignore current science about the impacts of natural gas projects on mule deer and a host of other species important to sportsmen.

“As defined by the court, the bottom line in the Pinedale Anticline natural gas project is that the federal government has the discretion to take whatever action it deems appropriate, even at the expense of responsible fish and wildlife management, the interests of citizens, including hunters and anglers, and in conflict with the multiple-use approach the BLM is legally bound to uphold,” said Dr. Rollin Sparrowe, TRCP board member and past leader of the Pinedale Anticline Working Group Wildlife Task Group. “This is unacceptable.

“If the BLM can oversee oil and gas development on our public lands with little or no regard to fish and wildlife populations,” continued Sparrowe, a former U.S. Fish and Wildlife Service biologist who lives near the project site, “then the public needs stronger laws or regulations to protect our valuable and shared natural resources. The TRCP remains committed to ensuring that responsive policy measures addressing these deficiencies are enacted.

“The mule deer population on the Pinedale Anticline is the most intensively studied herd in the American West being affected by unusually intensive gas development,” Sparrowe stated. “Ten years of research and monitoring indicate a negative downward trend and an overall decline of close to 60 percent – a number that was confirmed before the documented die-offs from last year’s severe winter. Losses are expected to increase even further this year. Data also show that surrounding mule deer herds not affected as much by gas drilling all are in better condition. Further declines will occur as the rest of the drilling moves into new, important habitats. The unique negative influence on this Mesa Herd is winter drilling, which proves without a doubt that such drilling is incompatible with sustaining a wintering deer herd.”

“The TRCP is in favor of sustainable energy development on public lands, but the project on the Pinedale Anticline clearly is degrading wildlife and hunting opportunities,” concluded Fosburgh. “The real tragedy in Pinedale is that energy development could have been accomplished without these huge losses in mule deer and other wildlife – but the BLM and the drillers insisted on a pace of development that turned our public lands into an industrial zone and hammered a once-iconic mule deer herd, likely past the point of recovery. American citizens, whether or not they ever will hunt in southwestern Wyoming, must live with the disastrous results of the Pinedale debacle for generations to come.”

The TRCP supports responsible public-lands energy development that is pursued in accordance with federal law and ensures citizens’ continued ability to access our lands and natural resources.

Learn more about the TRCP’s work in support of responsible energy development.

Inspired by the legacy of Theodore Roosevelt, the TRCP is a coalition of organizations and grassroots partners working together to preserve the traditions of hunting and fishing.

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Killing Energy, Killing Jobs, Killing America
By Alan Caruba

AmmoLand Gun News

USA --(Ammoland.com)- America has been under attack since Barack Obama took the oath of office on January 20, 2009.

The primary target has been the nation’s ability to generate energy for electricity and transportation, without which this nation will slide into Third World status and economic decline.

This appears to be the goal of this administration from the President to his Secretaries of Energy and Interior, to his Director of the Environmental Protection Agency.

There is no other rational explanation for what they are doing.

We are days away from the latest Environmental Protection Agency assault in the form of the “MACT” rule allegedly to reduce mercury and other emissions that the Federal Energy Regulatory Commission says will reduce electricity generation in America by about 81 gigawatts in the years ahead.

A recent Wall Street Journal editorial said “this could compromise the reliability of the electric system if as much as 8% of generating capacity is subtracted from the grid.”

The Wall Street Journal reports that eleven Governors have written the EPA to ask that it delay the final rule in November. Twenty-five state Attorneys Generals have filed suit “to lift a legal document known as a consent decree that the EPA is using as a fig leaf for its political goals.”

As but one example, in Illinois, Ameron announced the planned shutdown of its Meredosia and Hutsonville energy centers, The Meredosia center generates 369 megawatts. The Hutsonville center has a generating capacity of 151 megawatts.

The EPA, even before the Obama administration, has been using the 1970 Clean Air Act to bludgeon the nation’s ability to access the energy resources required to generate electricity, primarily coal that provides 50% of such generation, and oil that fuels our transportation capability.

In late October, James J. Mulva, the CEO of Conoco-Phillips, addressed the subject of the growing discoveries of natural gas being found throughout the nation. “More than 600,000 Americans already explore, produce, store and produce natural gas, according to consultancy IHS Global Insight.”

At least 15 states now produce shale gas and others may join them,” noting that the largest shale area, the Marcellus which covers much of the Northeast” “already supports 140,000 jobs in Pennsylvania alone.”

The Obama administration, beginning with the president’s admitted goal of shutting down as much of the coal industry as possible, has demonstrated his intention of deterring the provision of energy. When the BP Oil rig exploded in the Gulf of Mexico, the administration imposed a moratorium on all drilling. The decreased production cost 360,000 barrels a day in addition to lost jobs related to oil drilling in the Gulf. Rigs that are needed to drill have since been moved to other sites around the world.

The U.S. is home to more than 150 billion barrels of conventional oil that has the capability of generating thousands of new jobs if access to it was permitted. The most immediate result has been the rise in the cost of gasoline at the pump. Two courts ordered that the moratorium be lifted.

Oil companies currently pay more than $30 billion a year in federal, state, and local taxes. Meanwhile the Obama administration has been wasting billions in loan guarantees to essentially useless solar and wind power companies, the latest of which, Solyandra, will cost taxpayers millions when the solar panel producer went belly-up. Others will follow.

Meanwhile, the President crisscrosses the nations demanding higher taxes on companies engaged in coal, oil and natural gas. When Jimmy Carter imposed a windfall tax on oil companies many ceased to explore for new sources here, moving their efforts to other nations. Today, by withholding the necessary permits to produce energy in Alaska, the Trans Alaska Pipeline System is operating at one third of its capacity.

A proposed pipeline from Canada still awaits approval and, on November 6th, led by the Sierra Club, the largest protest against its tar sands is expected to draw thousands to Washington, D.C. to join hands and circle the White House to ensure the Keystone XL pipeline is kept from providing the U.S. with the oil extracted. The proposed pipeline would reduce the U.S. dependence on Middle East oil. The U.S. already has more than 50,000 safely operating oil pipelines to support our transportation and other needs.

In January 2010, Thomas J. Pyle, president of the Institute for Energy Research, warned that the Obama administration “continues to embrace Washington-dominated, command-and-control energy policies focused on mandates, subsidies, and political favors—not market forces.” He criticized “subsidizing one form of energy,” wind and solar, “while restricting the exploration of another,” warning that it “will lead to several measurable outcomes, increasing energy prices across the board, fewer jobs, and a weaker footing in the global economy..”

Nearly two years later, that warning has come true with a vengeance.

Oil, coal, or natural gas, it doesn’t matter to an administration and a president determined to restrict the amount of energy Americans need for their present and future needs. The result, in part, has been a stalled energy sector and a contributing factor in an economy with an estimated 20 million unemployed or under-employed.

The losses in income taxes and the taxes paid by this industry sector, in addition to the hideous borrowing and spending by the Obama administration is doing enormous harm to America and yet Barack Obama wants a second term in office.

Little wonder that Americans fear for the future of the nation.

© Alan Caruba, 2011

About:
Alan Caruba’s commentaries are posted daily at “Warning Signs” his popular blog and thereafter on dozens of other websites and blogs. If you love to read, visit his monthly report on new books at Bookviews.

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