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The Western Governors' Association yesterday called on Congress to repeal part of the 2005 Energy Policy Act that allows agencies to issue categorical exclusions for National Environmental Policy Act studies of oil and gas drilling permits in sensitive wildlife habitats.
The resolution approved by WGA members meeting in Washington asks for Congress to revise Section 390 of the EPAct removing the categorical exclusions for "wildlife corridors and crucial wildlife habitat on federal lands."
Eliminating the categorical exclusions would require the Interior and Agriculture departments to conduct a full site-specific environmental analysis or environmental impact statement.
"By removing the categorical exclusion, appropriate environmental site analysis will be completed as necessary to protect crucial wildlife habitat and significant migration corridors located in the field of development," the WGA resolution states.
Industry groups and the Bush administration like categorical exclusions because they technically fulfill NEPA statutory requirements for environmental analysis but can dramatically cut the approval time for projects or permit requests.
Knowing that congressional action is neither quick or guaranteed, the resolution also asks the departments for a moratorium on the use of categorical exclusions in "crucial habitat or migration corridors," and for the federal government to work with states to ensure the proper preservation of those areas.
"Essentially what we're asking for is that the federal government help us protect our wildlife herds," said Wyoming Gov. Dave Freudenthal (D). "This resolution is a first step in pursuing changes at the congressional level and insisting on active and effective collaboration between the states and federal land managers."
The Bureau of Land Management issued 1,361 permits to drill under categorical exclusions from January to September 2006, according to Freudenthal's office. Nearly 600 were in Wyoming and 538 in New Mexico.
Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-N.M.) is concerned about the potential overuse of categorical exclusions and will examine the WGA resolution, a spokesman said.
A BLM spokeswoman said the agency will follow the congressional lead. "We'll continue to work with Congress and the governors, and obviously we'll follow whatever Congress decides," said Celia Boddington.
NEPA concerns from BLM, USFS
At a House Parks Subcommittee hearing on the fiscal 2008 budget yesterday, BLM's acting Director Jim Hughes and Forest Service Chief Gail Kimbell told members their agencies are often subject to varying court interpretations of NEPA, something categorical exclusions are often used to address.
"It seems we're constantly creating new heights that we have to jump over in terms of the NEPA process," Hughes said, noting agency officials meet regularly to discuss court rulings and NEPA implementation. "We may be doing something for two or three years and everybody agrees that's they way to avoid an adverse ruling and all of a sudden that isn't the rule. It's a continuing process to make sure we're doing things right."
BLM officials meet every two weeks to discuss NEPA implementation, Hughes said.
While NEPA is "a very elegant law," the Forest Service is always seeking clarity, Kimbell said.
"The courts are certainly free to reinterpret because there are some pieces of it that are very vague, and perhaps intentionally so," Kimbell added. "But clarity to some of those most troubling questions in NEPA would certainly be very helpful as we work though hazardous fuels reduction."
Rep. Rob Bishop (R-Utah) shared the agency heads' frustration. "Congress would do something vague? I can't believe that," the Parks Subcommittee ranking member cracked. |
