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A federal judge in Idaho has ruled that a Trump administration policy limiting public input on oil and gas leasing decisions was “arbitrary and capricious,” overturning the 2018 directive and voiding nearly 1 million acres of leases out West as a result.
The ruling by US chief magistrate judge Ronald E Bush on Thursday represented a win for environmentalists, who challenged the leasing policy as part of a broader effort to block drilling in habitat for the imperiled greater sage-grouse. The contested area spans 67 million acres across 11 Western states.
As the Trump administration has pushed to expand domestic energy production – earlier this month the Interior Department celebrated the fact that last year more than 1 billion barrels of oil were produced from drilling offshore and on public land – it has adopted several measures to curb public comment on regulatory decisions. While the effort has accelerated the timeline for drilling, it has also raised legal concerns.
The Interior Department’s Bureau of Land Management issued an instruction memorandum in January 2018 aimed at accelerating energy leasing by streamlining environmental reviews and reducing the amount of time the public could comment on, and later protest, any leases.
“Faster and easier lease sales, at the expense of public participation, is not enough,” wrote the judge, who reinstated previous requirements that call for a 30-day public comment and administrative protest period.
Sioux from Standing Rock claim victory over Dakota PipelineShow all 21 1 /21Sioux from Standing Rock claim victory over Dakota Pipeline Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 05: Despite blizzard conditions, military veterans march in support of the "water protectors" at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 5, 2016 outside Cannon Ball, North Dakota. Over the weekend a large group of military veterans joined native Americans and activists from around the country who have been at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Yesterday the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Fireworks fill the night sky above Oceti Sakowin Camp as activists celebrate after learning an easement had been denied for the Dakota Access Pipeline near the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. The US Army Corps of Engineers announced today that it will not grant an easement to the Dakota Access Pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending a months-long standoff. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 05: Despite blizzard conditions, military veterans march in support of the "water protectors" at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 5, 2016 outside Cannon Ball, North Dakota. Over the weekend a large group of military veterans joined native Americans and activists from around the country who have been at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Yesterday the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Fireworks fill the night sky above Oceti Sakowin Camp as activists celebrate after learning an easement had been denied for the Dakota Access Pipeline near the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. The US Army Corps of Engineers announced today that it will not grant an easement to the Dakota Access Pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending a months-long standoff. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 05: Despite blizzard conditions, military veterans march in support of the "water protectors" at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 5, 2016 outside Cannon Ball, North Dakota. Over the weekend a large group of military veterans joined native Americans and activists from around the country who have been at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Yesterday the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Native American and other activists celebrate after learning an easement had been denied for the Dakota Access Pipeline at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. The US Army Corps of Engineers announced today that it will not grant an easement to the Dakota Access Pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending a months-long standoff. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Chief Arvol Looking Horse of the Lakota/Dakota/Nakota Nation listens to speakers during an interfaith ceremony at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. Native Americans and activists from around the country have been gathering at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Today the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending the months-long standoff. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: An Native American activist rides down fom a ridge which overlooks Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. Native Americans and activists from around the country have been gathering at the camp for several months trying to halt the construction of the Dakota Access Pipeline. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 05: Despite blizzard conditions, military veterans march in support of the "water protectors" at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 5, 2016 outside Cannon Ball, North Dakota. Over the weekend a large group of military veterans joined native Americans and activists from around the country who have been at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Yesterday the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Political activist Cornel West listen to speakers during an interfaith ceremony at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. Native Americans and activists from around the country have been gathering at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Today the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending the months-long standoff. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline Activists hold hands during a prayer circle as they try to surround the entire camp at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. Native Americans and activists from around the country gather at the camp trying to halt the construction of the Dakota Access Pipeline. / AFP / JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline Activists celebrate at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota, after hearing that the Army Corps of Engineers has denied the current route for the Dakota Access pipeline. / AFP / JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Chief Arvol Looking Horse (L) of the Lakota/Dakota/Nakota Nation listens as political activist Cornel West speaks during an interfaith ceremony at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. Native Americans and activists from around the country have been gathering at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Today the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending the months-long standoff. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 05: Military veterans from Southern California collect firewood for their campsite at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 5, 2016 outside Cannon Ball, North Dakota. Over the weekend a large group of military veterans joined native Americans and activists from around the country who have been at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Yesterday the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 05: Despite blizzard conditions, military veterans march in support of the "water protectors" at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 5, 2016 outside Cannon Ball, North Dakota. Over the weekend a large group of military veterans joined native Americans and activists from around the country who have been at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Yesterday the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 03: Activists participate in an art project conceived by Cannupa Hunska Luger, from the Standing Rock Sioux Tribe, at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 3, 2016 outside Cannon Ball, North Dakota. Native Americans and activists from around the country have been gathering at the camp for several months trying to halt the construction of the Dakota Access Pipeline. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 05: Military veterans are briefed on cold-weather safety issues and their overall role at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 5, 2016 outside Cannon Ball, North Dakota. Over the weekend a large group of military veterans joined native Americans and activists from around the country who have been at the camp for several months trying to halt the construction of the Dakota Access Pipeline. Yesterday the US Army Corps of Engineers announced that it will not grant an easement for the pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation. The proposed 1,172-mile-long pipeline would transport oil from the North Dakota Bakken region through South Dakota, Iowa and into Illinois. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Native American and other activists celebrate after learning an easement had been denied for the Dakota Access Pipeline at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. The US Army Corps of Engineers announced today that it will not grant an easement to the Dakota Access Pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending a months-long standoff. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Native American activists celebrate after learning an easement had been denied for the Dakota Access Pipeline at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. The US Army Corps of Engineers announced today that it will not grant an easement to the Dakota Access Pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending a months-long standoff. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline CANNON BALL, ND - DECEMBER 04: Native American and other activists celebrate after learning an easement had been denied for the Dakota Access Pipeline at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota. The US Army Corps of Engineers announced today that it will not grant an easement to the Dakota Access Pipeline to cross under a lake on the Sioux Tribes Standing Rock reservation, ending a months-long standoff. (Photo by Scott Olson/Getty Images)
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Sioux from Standing Rock claim victory over Dakota Pipeline Activists celebrate at Oceti Sakowin Camp on the edge of the Standing Rock Sioux Reservation on December 4, 2016 outside Cannon Ball, North Dakota, after hearing that the Army Corps of Engineers has denied the current route for the Dakota Access pipeline. The US Army Corps of Engineers on Sunday announced they will no longer allow the Dakota Access Pipeline to cross under a lake on the Standing Rock reservation in North Dakota, marking a huge win for Native Americans and protesters who had long opposed the construction. / AFP / JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)
AFP/Getty Images
Judge Bush noted that the memo setting the new terms for leasing was issued without soliciting public comment and was “more edict in nature” than advisory.
The two groups that challenged the directive, the Western Watersheds Project and the Centre for Biological Diversity, said the decision provided a respite for species that are threatened by energy development. Once numbering as many as 16 million, development and disease has shrunk the total number of greater sage-grouse to fewer than 500,000.
“The court wasn’t fooled by the agency’s efforts to disguise its intention to provide greater influence to extractive energies, and the sage grouse and 350 other sagebrush-dependent species will benefit from today’s win,” Talasi Brooks, a staff attorney with Western Watersheds Project, said in a statement.
Energy industry officials decried the ruling, saying the plaintiffs deliberately chose to sue in Idaho because the state does not have much oil and gas development.
“This decision is so divorced from the rule of law that you would be hard pressed [to find] another judge in the entire federal court system who would say that producing leases should be cancelled because of a minor question of process,” said Western Energy Alliance President Kathleen Sgamma, whose group represents oil and gas firms and intervened in the case on the federal government’s side.
Nearly a year ago, the administration lifted Obama-era protections on nearly 9 million acres of federal land aimed at conserving sage-grouse habitat. At the time, Trump officials argued that the move would give the states greater say in setting the terms for energy development within their borders.
BLM spokesman Derrick Henry said in an email on Thursday that the directive at issue was part of the agency’s effort to make “common-sense adjustments” to how minerals are developed on federal land.
“In particular, we remain committed to a simpler, more effective leasing process,” Mr Henry said. “To do this, we have been working within our legal authorities to alleviate or eliminate unnecessary and burdensome regulations, while at the same time upholding public health and environmental protections, including sage-grouse conservation.”
The Washington Post
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