In the Courts

Powder River Basin Coalbed Methane Development. In 2003, the Montana and Wyoming offices of the Bureau of Land Management authorized two of the largest onshore oil and gas development projects ever considered, granting permission for 51,000 coalbed methane (CBM) wells in Wyoming and 29,000 CBM wells in Montana. These wells would degrade 13 million acres of public and private lands and cause the release of nearly two trillion gallons of polluted groundwater—enough to fill Flaming Gorge Reservoir seven times over. Four lawsuits were filed challenging these projects, with WOC being a plaintiff in one of them. The lawsuits are slowly winding their way through the legal system. No decisions are likely until late this year or 2005. Contact: Bruce Pendery

Coalbed Methane Leasing. In 2002, WOC received a major decision in a case brought before the Department of Interior’s Board of Land Appeals, or IBLA, that held BLM issued federal oil and gas leases in the Powder River Basin without first taking a hard look at the unique and potentially severe impacts of coalbed methane (CBM) extraction, as required by federal law. In 2003, the oil and gas industry and the State of Wyoming persuaded the Wyoming District Court to reverse the decision, clearing the way for future leasing and development. WOC and others have appealed the district court’s decision to the 10th Circuit Court of Appeals in Denver. A ruling is expected later this year or in 2005. Contact: Bruce Pendery

Shoshone Oil and Gas Leasing. WOC’s challenge of oil and gas leasing in the Brent Creek area of the Shoshone National Forest, an area containing critical grizzly bear habitat and exceptional scenic and outdoor recreation opportunities, is now before the U.S. Appeals Court for the District of Columbia Circuit. The issue before the court is whether the Forest Service violated the Endangered Species Act by issuing oil and gas leases without first considering, in consultation with the U.S. Fish and Wildlife Service, the specific adverse impacts to grizzly bears, a threatened species. Contact: Dan Heilig

Corps of Engineers General Permit GP-98-08. WOC’s challenge of a general permit issued by the U.S. Corps of Engineers that authorizes construction of dams and reservoirs to contain billions of gallons of groundwater produced by coalbed methane extraction in the Powder River Basin has moved to the 10th Circuit Court of Appeals in Denver. In the meantime, the construction and operation of ponds and reservoirs to dispose of CBM water continues to cause significant environmental impacts to ranchers and other residents of northeastern Wyoming. Contact: Steve Jones

Questar Winter Drilling Proposal in the Pinedale Anticline Field. Whether winter drilling is allowed on "the Mesa" west of Pinedale—one of the most important wildlife habitats in the lower 48 states—may depend largely on what Wyoming District Court Judge Alan B. Johnson rules later this year in a case brought by WOC and others challenging the BLM’s approval of Questar’s through-winter drilling operations. The BLM’s decision approving the project flies in the face of long-standing state and federal wildlife policy that restricts drilling in big game crucial winter ranges when wildlife are most vulnerable and sensitive to disturbance. Contact: Marisa Martin

Greater Yellowstone Ecosystem/Upper Green River Valley

Pinedale Resource Management Plan revision. The Bureau of Land Management is revising the Pinedale land-use plan in the face of tremendous pressure from Washington, D.C. to allow for more oil and gas drilling with fewer restrictions in this 1.2 million-acre area nestled between the Wind River and Wyoming ranges in western Wyoming. After several delays, a draft environmental impact statement and draft plan are expected to be released in June. WOC and other conservation organizations have developed and submitted to BLM a "citizens alternative" which emphasizes multiple use and provides a framework for the protection of the Sublette pronghorn migration corridor, the longest migration of big game animals in the continental U.S. Contact: Marisa Martin

South Piney Natural Gas Development Project. Infinity Oil & Gas of Wyoming, Inc. and other operators propose to drill 210 natural gas wells, including coalbed methane wells, along the scenic east flank of the Wyoming Range, west of Big Piney. A draft environmental impact statement is expected in April or May. Contact: Bruce Pendery

Jonah Infill Project. EnCana, Inc., has asked the BLM for permission to drill up to 3,100 additional "infill" wells in the Jonah Field, located 32 miles southwest of Pinedale in Sublette County, to fully exploit the estimated 10 trillion cubic feet of gas locked in the field’s deep sand formations. According to information provided by the Pinedale BLM office, a minimum of 64 well pads would be constructed per section, a level of development so intense it prompted some BLM officials to consider closing the 30,000-acre field to public access due to concerns over air quality and public safety. A draft environmental impact statement is expected in April or May. Contact: Marisa Martin

Wildlife Migration Corridors Protection. Residential and energy development projects along several key constrictions, or "bottlenecks" in Sublette County, including the controversial Trapper’s Point, threaten to cut off the longest migration of big game animals in the lower 48 states. Efforts are underway to map the corridor and protect bottlenecks from further encroachment. Contact: Meredith Taylor

Bridger-Teton National Forest Oil and Gas Leasing Project. Forest officials have provided advance notice of their intent to offer oil and gas leases covering tens of thousands of acres of habitat for lynx, gray wolves and bald eagles in the Wyoming Range. Stay tuned. Contact: Bruce Pendery

National Elk Refuge and Grand Teton National Park Bison and Elk Management Plan. This plan will govern management of bison and elk in the National Elk Refuge and in Grand Teton National Park. Two of the more controversial aspects of the plan are the proposed continuation of the supplemental feeding program and the vaccination of wild elk and bison against brucellosis, a practice that has been shown to be largely ineffective against the spread of the disease. WOC has submitted an alternative management plan based on concepts developed in conjunction with our Restoring Wild Patterns program. A Draft EIS is expected this spring. Contact: Meredith Taylor

Red Desert

Jack Morrow Hills Coordinated Activity Plan. Seven years and 100,000 comments after the initiation of what has become one of the most controversial land-use plans in the agency’s history, the BLM appears to be on the verge of releasing its final plan for the management of the 622,000-acre Jack Morrow Hills area in the heart of Wyoming’s wild and mysterious Red Desert. If the BLM hands the keys of this important area over to the oil and gas industry, as many observers expect, WOC will be there to offer a different vision, as we have since the beginning. Contact: Mac Blewer or Bruce Pendery

Watersheds

Revisions to Water Quality Rules and Regulations. The State of Wyoming has "primacy," or legal authority, to administer certain provisions of the federal Clean Water Act, including the National Pollutant Discharge Elimination System (NPDES) program under section 402, which requires a permit before pollutants can be discharged into our rivers and streams. In order to maintain legal authority to administer this program, states must ensure they have adequate rules and regulations, as well as adequate staffing and funding to do the job. Nearly 30 years have passed since Wyoming first assumed control of this program. Incredibly, during this entire period, the rules have not been amended to comply with numerous changes that have been made to federal law. WOC is spearheading an effort to make certain that revisions made to Wyoming’s NPDES program comply fully with the letter—and the spirit —of the Clean Water Act to ensure our rivers stay clean and healthy. Contact: Steve Jones

Off-Channel Containment Ponds. Hundreds of unlined disposal reservoirs are being constructed in the Powder River Basin to "manage" polluted groundwater pumped to the surface during the production of coalbed methane gas, and thousands of additional reservoirs are planned. WOC has appealed the issuance of a general permit that would facilitate the use of this environmentally damaging water disposal technique, highlighting its many problems including the absence of reclamation requirements and lack of public participation opportunities. Contact: Steve Jones

Grazing

Smiths Fork Allotment. For years WOC has been working to improve grazing practices on the Smiths Fork Allotment in southwest Wyoming, near Cokeville. BLM records show that the allotment is among the most heavily damaged and poorly managed in the western United States. The chronic failure by the BLM to prepare an allotment management plan, or AMP, required by federal law, prompted WOC to appeal the BLM’s decision to allow continued grazing on the Smiths Fork to the Department of Interior’s Office of Hearings and Appeals. Just days before the briefs were due, the BLM agreed to prepare an AMP to better manage livestock grazing on the allotment. Contact: Bruce Pendery

Environmental Rulemaking and Policy Development

Smoke Management Regulations. In September 2003, the Air Quality Division of the Wyoming Department of Environmental Quality began working with stakeholders to develop a range of methods to address smoke impacts on human health, welfare and visibility. The primary goal of the stakeholder process was to draft a proposed smoke-management regulation. Following extensive public comment, in March 2004 the Environmental Quality Council adopted new smoke-management regulations as well as revised open-burning regulations. Contact: Michele Barlow

Water Pollution Permitting (NPDES). The Water Quality Division of the Wyoming Department of Environmental Quality is considering issuing discharge permits for coalbed methane water on a watershed basis rather than by individual wells. This approach would compel state and federal agencies, coalbed methane companies, private landowners, and the general public to cooperate more fully on water quality and water management issues. The WDEQ has held preliminary discussions with the Bureau of Land Management and the Governor’s Office. In late April, WOC staff will meet with WDEQ administrators to discuss the watershed permitting concept. Contact: Michele Barlow