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A federal judge has partially blocked a vast oil and gas drilling project in Wyoming, citing violations of environmental laws and ordering a reassessment of the project’s potential effects on groundwater.
Chutkan sided with the plaintiffs, finding that the BLM’s failure to properly assess the environmental effects of the project, particularly with respect to groundwater depletion, amounted to a violation of a National Environmental Policy Act (NEPA) requirement that federal agencies take a “hard look” at the environmental effects of their actions.
NEPA mandates that federal agencies such as the BLM prepare a thorough environmental impact statement (EIS) for projects that may significantly affect the environment, ensuring adequate analysis and public disclosure of potential effects. In her ruling, Chutkan found that BLM’s incorrect use of a “specific storage value” in its groundwater model made the environmental review deficient, in violation of NEPA rules.
Besides groundwater drawdown issues, the project was supposedly flawed for other reasons, according to Hannah Goldblatt, staff attorney at Advocates of the West.
The defendants—the BLM, U.S. Department of the Interior, state of Wyoming, and several energy companies—argued that the BLM had exercised its discretion to estimate the specific storage value of 0.001 (which the plaintiffs claimed was off by a factor of 10,000). The value was derived from previous studies, they said, including Powder River Basin reports from 2006 and 2014, and fell within the range of those found in scientific literature. In their view, the EIS and groundwater model were valid and complied with NEPA requirements.
Chutkan disagreed, however, noting that the BLM had repeatedly cited a 2014 report to justify the chosen specific storage value, but the values in that report were off by a factor of 10,000 from the one used in the model. Citing this discrepancy, the judge ruled that the BLM had failed to provide a rational explanation for its decision and that the environmental impact study was flawed.
The court’s decision mandates further review of groundwater depletion concerns and halts the issuance of new drilling permits until the project undergoes additional environmental analysis.
The ruling is a significant victory for the environmental groups that sued to block the project, which they argued was part of a “stampede to fast-track fossil fuel production” in Wyoming.
The Epoch Times has reached out with requests for comment on the ruling to the BLM, Advocates of the West, and the Powder River Basin Resource Council.