bureau of land management

Sun, 2014-12-14 15:38Steve Horn
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Revealed: How Big Oil Got Expedited Permitting for Fracking on Public Lands Into the Defense Bill

The U.S. Senate has voted 89-11 to approve the Defense Authorization Act of 2015, following the December 4 U.S. House of Representatives' 300-119 up-vote and now awaits President Barack Obama's signature.

The 1,616-page piece of pork barrel legislation contains a provision — among other controversial measures — to streamline permitting for hydraulic fracturing (“fracking”) on U.S. public lands overseen by the Bureau of Land Management (BLM), a unit of the U.S. Department of Interior.

Buried on page 1,156 of the bill as Section 3021 and subtitled “Bureau of Land Management Permit Processing,” the bill's passage has won praise from both the American Petroleum Institute (API) and the Independent Petroleum Association of America (IPAA) and comes on the heels of countries from around the world coming to a preliminary deal at the United Nations climate summit in Lima, Peru, to cap greenhouse gas emissions.

We applaud the Senate…and are hopeful the president signs this measure in a timely fashion,” said Dan Naatz, IPAA lobbyist and former congressional staffer, in a press release

Alluding to the bottoming out of the global price of oil, Naatz further stated, “In these uncertain times of price volatility, it’s encouraging for America’s job creators to have regulatory certainty through a streamlined permitting process.”

Streamlined permitting means faster turn-around times for the industry's application process to drill on public lands, bringing with it all of the air, groundwater and climate change issues that encompass the shale production process. 

At the bottom of the same press release, IPAA boasted of its ability to get the legislative proposal introduced initially by U.S. Sen. Tom Udall (D-NMas the BLM Permit Processing Improvement Act of 2014 after holding an “educational meeting” with Udall's staffers. Endorsed by some major U.S. environmental groups, Udall took more than $191,000 from the oil and gas industry during his successful 2014 re-election campaign.

IPAA's publicly admitted influence-peddling efforts are but the tip of the iceberg for how Big Oil managed to stuff expedited permitting for fracking on U.S. public lands into the National Defense Authorization Act of 2015.

Thu, 2014-12-04 11:00Mike Gaworecki
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BLM Hasn't Performed An Environmental Review of Coal Leasing Program Since 1979

It has been 35 years since the Bureau of Land Management (BLM) last performed an environmental review of its coal leasing program.

Two environmental groups are suing the BLM to force a review of the program.

Given advances in scientific knowledge of the risks posed by mining and burning coal to human health and Earth’s climate made since 1979, the groups argue that the review will “compel the Bureau of Land Management to deliver on its legal obligation to promote environmentally responsible management of public lands on behalf of the citizens of the United States.”

Friends of the Earth and the Western Organization of Resource Councils filed the lawsuit last week in the U.S. District Court for the District of Columbia, naming Secretary of the Interior Sally Jewell and BLM Director Neil Kornze as lead defendants, along with the Department of the Interior and the BLM.

Mon, 2014-07-28 14:57Steve Horn
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Greenpeace Report: Obama Administration Exporting Climate Change by Exporting Coal

Greenpeace USA has released a major new report on an under-discussed part of President Barack Obama's Climate Action Plan and his U.S. Environmental Protection Agency (EPA) carbon rule: it serves as a major endorsement of continued coal production and export to overseas markets.

Leasing Coal, Fueling Climate Change: How the federal coal leasing program undermines President Obama’s Climate Plan” tackles the dark underbelly of a rule that only polices coal downstream at the power plant level and largely ignores the upstream and global impacts of coal production at-large. 

The Greenpeace report was released on the same day as a major story published by the Associated Press covering the same topic and comes a week after the release of another major report on coal exports by the Sightline Institute that sings a similar tune.

The hits keep coming: Rolling Stone's Tim Dickinson framed what is taking place similarly in a recent piece, as did Luiza Ch. Savage of Maclean's Magazine and Bloomberg BNA

But back to Greenpeace. As their report points out, the main culprit for rampant coal production is the U.S. Bureau of Land Management (BLM), which leases out huge swaths of land to the coal industry. Greenpeace says this is occurring in defiance of Obama's Climate Action Plan and have called for a moratorium on leasing public land for coal extraction.

“[S]o far, the Bureau of Land Management and Interior Department have continued to ignore the carbon pollution from leasing publicly owned coal, and have failed to pursue meaningful reform of the program,” says the report.

“Interior Secretary Sally Jewell and others in the Obama administration should take the President’s call to climate action seriously, beginning with a moratorium and comprehensive review of the federal coal leasing program, including its role in fueling the climate crisis.”

Fri, 2014-02-07 12:21Ben Jervey
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GAO Hiding Crucial Documents From The Public While Calling for More Transparency in BLM Coal Leases

On Tuesday, the Government Accountability Office released a much-anticipated report about the Bureau of Land Management's coal leasing program, revealing it has stiffed taxpayers over $200 million.

The GAO blames a lack of competition in the bidding process, reliance on outdated and incomplete methods to determine “fair market value” of the coal reserves, a disregard of coal exports and their impact on fair valuation, and a blatant lack of transparency in the leasing program.  

Senator Edward Markey, who had requested the GAO investigation in 2012 while he still served in the House, responded immediately to the report's findings. The GAO didn't address specifics on how much public revenue might have been lost by mismanaged leases and auctions.

Senator Markey explained that based on an examination of the report and other coal leasing documents that were not made public, his staff figured that the the BLM could have earned at least $200 million more for the American public if managed properly. 

Unfortunately, the coal leasing documents investigated by Markey's staff aren't available to the public, which the GAO claims is because of the inclusion of private business information. According to Ned Griffith of the GAO, the information in the report was labeled “sensitive but unclassified” by the Interior Department.

In other words, even though one of the major findings of the GAO report was a troubling lack of transparency, the office itself is shielding from public view these detailed documents about coal leases on public lands. 

Sun, 2013-10-13 12:21Ben Jervey
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BLM's Coal Leasing Woes Continue: New GAO Report Coming This Month

More bad news is coming for the Interior Department’s coal leasing program. This month (or later, if the federal shutdown persists), the U.S. Government Accountability Office is expected to release findings from a year-long investigation into the Bureau of Land Management’s federal coal leasing program, which oversees the auction of coal tracts on publicly owned lands.

You’re forgiven if this sounds familiar. In July, another federal body – Interior’s own Inspector General – condemned the program, releasing a highly critical report that documented a number of flaws in the BLM’s Coal Management Program.

While we’ll have to wait for the GAO’s report to get into the details, it’s safe to assume that it will include serious criticism of the program that seems to be failing on every level. The Inspector General analysis examined specific lease auctions – in one case finding that the taxpaying public was stiffed about $52 million because the BLM was ill-equipped to figure out (or uninterested in figuring) “fair market value” for the coal in a particular tract – but this GAO report will look at the program as a whole, which was plagued by scandal in the early 1980s. Reforms were mandated as a result of a GAO report at the time, but two decades later, many of the changes demanded have still yet to be implemented.

Wed, 2013-10-09 18:00Ben Jervey
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Selective Shutdown: Congressman Raul Grijalva's Petition to Ban Drilling on Public Lands While Public is Locked Out

As the government shutdown drags well into its second week, the gates to America’s national parks, wildlife refuges, and national forests remain closed and the taxpaying public is denied access. Not everyone will be turned away at the gates, however: oil, gas, and coal companies that are already drilling and mining on our public lands can proceed with business as usual.

A quick survey of the contingency plans (see: Bureau of Land Management, Bureau of Ocean Energy Management, National Park Service) of various federal agencies shows how extraction can continue unfettered, even while the rest of of are shut out of our public lands. Today, there are 12 national parks with oil and gas drilling operations underway, and coal mining is widespread across BLM lands, particularly in the Powder River Basin of Wyoming and Montana. 

As Corbin Hair reported on SNL:

The Department of the Interior, which oversees oil and natural gas drilling as well as U.S. public lands, will furlough up to 58,765 of its 72,562 employees, according to its updated plan. National parks will close and reviewing new oil and gas leases will halt, but the DOI will continue monitoring existing operations.

“The majority of the personnel that are excepted are law enforcement, wildland fire, emergency response and security, animal caretakers, maintenance and other personnel that would be focused on the custodial care of lands and facilities and protection of life and property,” the DOI's plan said. On the outer continental shelf, “the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement would continue to ensure the safety of drilling and production operations and issue drilling and other offshore permits, however renewable activities and five year plan work would be terminated.”

At least one elected official recognizes this as unfair and unjust. On October 3, Representative Raul Grijalva of Arizona sent a letter to Secretary of the Interior Sally Jewell and to Secretary of Agriculture Tom Vilsack urging the officials to halt mining and extraction on public lands while the public itself was locked out.

Rep. Grijalva’s letter reads:

Thu, 2013-09-19 14:37Ben Jervey
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An End to Powder River Basin Coal Leases? Second Auction in Two Months Fails to Seal a Mining Deal

The Bureau of Land Management is having a hard time getting rid of our publicly owned coal. For the second time in two months, a federal coal lease auction resulted in no sales.

On Wednesday, the BLM announced that it was officially rejecting the lone bid on the Hay Creek II coal lease tract in Wyoming. The lone bidder, Kiewit Mining Properties, had offered a measly $0.21-per-ton of the estimated 167 million tons of mineable coal in the Hay Creek II tract. The BLM declared that the bid “did not meet fair market value” and rejected it.

Hey, at least we can’t accuse the BLM of literally giving away coal on public lands.

This failure to secure a suitable bid comes on the heels of last month’s stunning news that there were absolutely no bids for the auction of the Maysdorf II tract, also in the Powder River Basin in Wyoming.

If these two failed auctions represent a larger trend, it is that the market for coal has gotten so bad that even the BLM’s bargain bin prices are too high for industry to pay. And, yes, the BLM’s prices are cheap, as they’ve leased over 2 billion tons of coal in the Powder River Basin alone since 2011 at an average of around $1-per-ton.

That price point was criticized in a recent report by the Interior Department’s own Inspector General, which accused the BLM of failing to factor international markets and coal exports into their “fair market values,” and which calculated that for every cent that publicly-owned coal deposits are undervalued, American taxpayers get stiffed by $3 million.

Tue, 2013-08-20 14:02Ben Jervey
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Maysdorf II By the Numbers: BLM's Big Coal Giveaway Tomorrow

Update Aug 23: In a stunning development, there wasn't a single bid at the BLM auction, with Cloud Peak Energy passing up the chance to bid out of fear that it would not be profitable.   

Tomorrow, the Bureau of Land Management will sell off roughly 148 million tons of coal. The BLM is opening the sealed bids for the so-called “Maysdorf II” tract in the heart of the Powder River Basin in Wyoming. The coal will likely be sold to Cloud Peak Energy, which operates the adjacent Cordero Rojo mine, one of the nation's largest strip mine operations. 

Cloud Peak Energy's Tesoro Rojo mine, soon to be expanded. Video by Greenpeace.  

According to Joe Smyth of Greenpeace, who penned a great post putting this sale (and another, even larger coal lease scheduled for next month) in the context of President Obama's recent climate announcements, the coal will be sold for roughly $1-per-ton. That represents a deep discount below market rates, which is what you'd expect from a lease auction with only one bidder.

Mon, 2013-05-20 10:09Steve Horn
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Obama Admin. Approves ALEC Model Bill for Fracking Chemical Fluid Disclosure on Public Lands

On May 16, the Obama Interior Department announced its long-awaited rules governing hydraulic fracturing (“fracking”) on federal lands.

As part of its 171-page document of rules, the U.S. Bureau of Land Management (BLM), part of the U.S. Dept. of Interior (DOI), revealed it will adopt the American Legislative Exchange Council (ALEC) model bill written by ExxonMobil for fracking chemical fluid disclosure on U.S. public lands.

ALEC is a 98-percent corporate-funded bill mill and “dating service” that brings predominantly Republican state legislators and corporate lobbyists together at meetings to craft and vote on “model bills” behind closed doors. Many of these bills end up snaking their way into statehouses and become law in what Bill Moyers referred to as “The United States of ALEC.”

BLM will utilize an iteration of ALEC's “Disclosure of Hydraulic Fracturing Fluid Composition Act” - a bill The New York Times revealed was written by ExxonMobil - for chemical fluid disclosure of fracking on public lands and will do so by utilizing FracFocus.org's voluntary online chemical disclosure database.

In a way, it's all come full circle. As we covered here on DeSmogBlog, the original chemical disclosure standards and the decision to utilize FracFocus' database came from the Obama Dept. of Energy's (DOE) industry-stacked Fracking Subcommittee formed in May 2011. DOE gave a $1.5 million grant to FracFocus

The Texas state legislature soon thereafter adopted the first bill making FracFocus the fracking chemical disclosure database at the state level in June 2011. Since then, it's been off to the races, with the Council of State Governments adopting the TX bill as model bill in Aug. 2011, ALEC adopting it as a model bill in Oct. 2011, and the bill becoming state law in Colorado, Pennsylvania and other states.

Both the Illinois and Florida state legislatures have also tried to push through this model, but it died dead in its tracks.

FracFocus has been an anemic and failed effort by the Obama Admin. to alter the George W. Bush Admin. “Halliburton Loophole” standards for fracking chemical disclosure, which allowed the recipe of fracking chemicals to remain a “trade secret.” It's amounted to nothing more than the same game by a different name, with a Harvard study recently giving FracFocus a “failing grade.”     

Mon, 2012-12-17 15:50Farron Cousins
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Republican Groups Tell Obama To Back Off Fracking Rules

The Republican Governors Association (RGA) along with the Republican Attorneys General Association (RAGAsent a letter to President Obama today [PDF], telling him that the federal government should abandon a Bureau of Land Management (BLM) proposal to create more transparency for natural gas fracking operations.

The proposal that the RGA and RAGA are referring to was first pitched earlier this year, and would require fracking companies who operate on federal or Native American lands to disclose the chemicals used in the fracking process.  A loophole in the proposal allows companies to disclose after the fracking process has already begun, meaning that there are no requirements for disclosure prior to drilling. 

But even such lax standards are too much for the dirty energy industry’s friends, and they believe that the federal government is overstepping its bounds on the matter.  From their letter:

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