WOC Protest Prompts BLM to Pull 14 Oil and Gas Leases

by Christine Lichtenfels

In late July, the Bureau of Land Management agreed with WOC that 14 oil and gas lease parcels, encompassing more than 14,000 acres, in the Cody area should not have been offered for sale in December 2002. The agency's decision, which was prompted by a WOC protest, means that the parcels will not be

It's unfortunate that a formal WOC protest was needed to admonish the BLM about the law under which it is required to operate.

offered for sale until after the BLM consults with the U.S. Fish and Wildlife Service (USFWS) concerning protections for grizzly bears, as mandated by the Endangered Species Act.

Public lands managed by the BLM's Cody Field Office, on the eastern edge of the central Greater Yellowstone Ecosystem, contain grizzly bear habitat. Consequently, when the BLM undertakes an action that "may affect" a threatened or endangered species, it is required by law to formally consult with the USFWS, whose scientists evaluate whether the BLM's action will jeopardize the species and recommend steps that should be taken to limit impacts on the animal's habitat and well-being.

Nonetheless, the BLM admitted that "no threatened and endangered (T&E) species inventory has been conducted for the grizzly bear in the [Cody Field Office] area. Also, no programmatic grizzly bear consultation has been performed on these parcels." That is, the BLM failed to comply with the basic mandates of the Endangered Species Act.

This is no legal "technicality." The USFWS has previously determined that "oil and gas exploration and development is generally detrimental to grizzly bears." The industrial activity associated with oil and gas development - including construction of well pads, pipelines and buildings and operation of heavy machinery in previously undeveloped areas - destroys grizzly bear habitat and drives bears away. Of particular concern is the often extensive road-building that accompanies oil and gas exploration.

While we're pleased that grizzly bears in the Cody area should now receive the protections that the Endangered Species Act demands, it's unfortunate that a formal WOC protest was needed to admonish the BLM about the law under which it is required to operate.