FOR IMMEDIATE RELEASE

South Shale Ridge and Endangered Cactus Temporarily Saved from Oil and Gas Drilling

Court finds BLM should have considered impacts to endangered wildflowers earlier, more fully

The Bureau of Land Management failed to consider impacts to an endangered wildflower and other natural values and must therefore halt its plan to allow oil and gas drilling in the pristine and scenic South Shale Ridge area of western Colorado, a U.S. District Court judge ruled today.

The threatened Uinta Basin hookless cactus is safe from oil and gas drilling on South Shale Ridge for the moment. Photo (c) Center for Native Ecosystems.

The Bureau of Land Management failed to consider impacts to an endangered wildflower and other natural values and must therefore halt its plan to allow oil and gas drilling in the pristine and scenic South Shale Ridge area, a U.S. District Court judge ruled today.

Judge Marcia S. Krieger in Denver District Court ruled that the Bureau of Land Management (BLM) erred in deciding that oil and gas drilling would not harm the Uinta Basin hookless cactus, a Threatened species found only in western Colorado.  Until the BLM reexamines the impacts of its drilling plan on the cactus, drilling will not proceed on South Shale Ridge under today’s ruling.

In part, the ruling hinged on the BLM’s failure to consult with the Fish and Wildlife Service about the full effects of oil and gas drilling on Uinta Basin hookless cactus.  The court found that the BLM was required to do so before they began leasing the area for oil and gas drilling.

“The BLM tried to put off until tomorrow the careful thinking they should have done yesterday,” said Josh Pollock, Conservation Director at Center for Native Ecosystems.  “They always say they will look at the impacts of their drilling policies later on, after they have approved entire landscapes for drilling and leased them out to oil and gas companies.”

“BLM plays a shell game with its responsibility to analyze environmental impacts,” said Erin Robertson, Senior Staff Biologist at Center for Native Ecosystems.  "The court today told the BLM they must consult early and often about how to avoid driving endangered species to extinction.”

The BLM attempted to analyze only a select number of the lease parcels they planned to offer, presenting what the court determined was an incomplete analysis of the possible effects the oil and gas drilling would have on the surrounding area.

“The BLM has repeatedly ignored or downplayed the ways that drilling impacts a wide area around each well, but the court rightfully reminded them today that they must take this into account before they allow drilling to occur, especially in habitat for endangered and sensitive wildlife or plants,” said Pollock.

One unique native species still left inadequately protected by today’s ruling is DeBeque phacelia, a rare annual wildflower found only on an unusual soil type around the town of DeBeque, Colorado, which is a Candidate for Endangered Species Act protection.  The court declined to compel the Fish and Wildlife Service to protect the species immediately through emergency listing.  By including it as a Candidate species, however, the Fish and Wildlife Service recognizes it deserves the protection of the Endangered Species Act but claims inadequate funding to do so.

“After the BLM leased South Shale Ridge, DeBeque phacelia was at risk of habitat loss from oil and gas drilling everywhere it grew,” said Robertson.  “Today's ruling gives this one area a brief reprieve.  The Fish and Wildlife Service and the BLM still need to step up and formally protect some of its habitat to stop this rare native wildflower from going extinct.”

Finally, the court ruled that BLM had a duty to consider a full range of options for managing the oil and gas drilling they would allow in the South Shale Ridge area, especially the option of requiring “No Surface Occupancy” stipulations in South Shale Ridge, which would prevent the massive disturbance of drill rigs and attendant roads and infrastructure within the area and would encourage companies to use directional drilling technology to extract the petroleum resources beneath without disturbing the landscape above.

South Shale Ridge is an unroaded area of 32,000 acres that the BLM found to have characteristics of a wilderness area, including an absence of man-made structures and “outstanding scenery.”  South Shale Ridge was nominated as a wilderness area as part of the Colorado Citizens’ Wilderness Proposal and has been included in several bills recommending wilderness designation before Congress.

“South Shale Ridge is a special place, with much unique beauty as well as important habitat for endangered species.  It is the sort of place that deserves to be left unspoiled by drill rigs and roads and round-the-clock construction,” said Pollock.  “The BLM should have thought about how to preserve it from such damage.”

Plaintiffs in the case were represented by Earthjustice and included Center for Native Ecosystems, The Wilderness Society, Sierra Club, Colorado Environmental Coalition, and Colorado Mountain Club.

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You can read Judge Krieger's ruling on our website.

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