US MMS director defends leasing in Chukchi Sea

Feb. 1, 2008
Oil and gas activity in Alaska's Chukchi Sea can occur without threatening polar bears, US MMS Director Randall Luthi said just a day after environmental and Alaska Native groups sued to block a Feb. 6 lease sale.

Nick Snow
Washington Editor

WASHINGTON, DC, Feb. 1 -- Oil and gas activity in Alaska's Chukchi Sea can occur without threatening polar bears, US Minerals Management Service Director Randall B. Luthi said just a day after environmental and Alaska Native groups sued to block a Feb. 6 lease sale.

"The two activities are compatible. Energy production can occur while maintaining strong polar bear populations," Luthi said in an op-ed article posted Feb. 1 on the US Department of Interior agency's web site. The groups sued in federal district court in Alaska on Jan. 31.

Exploration and initial development will occur only with the approval of the US Fish and Wildlife Service, another DOI agency, and must be in open water at least 25 miles from shore, he continued. Although a spill is unlikely, MMS recognizes that the potential for such an event exists and would require lessees to have containment and recovery equipment available, Luthi said.

"Leasing is just a first step in the energy development process. Actual production in the Chukchi Sea realistically is 10-15 years in the future, and will not occur without many environmental reviews, public commentary and application of environmental protections," he indicated.

The record of MMS in protecting the environment while providing access to the nation's offshore energy resources is good, Luthi continued. A 2002 National Academy of Sciences study found that over the previous 20 years, less than 0.001% of oil produced in US waters was spilled, he said. "The same study reported that 150 times more oil enters the ocean every day from natural cracks in the ocean floor than through oil and gas activities," Luthi said.

Sale timing questioned
Luthi reiterated several points he made when he testified Jan. 17 before the US House Select Committee on Energy Independence and Global Warming (OGJ, Jan. 28, 2008, p. 26). The chairman of that committee, Rep. Edward J. Markey (D-Mass.), questioned whether MMS should proceed with the Chukchi Sea sale before FWS decided whether to list the polar bear as an endangered species. US Senate Environment and Public Works Committee Chairwoman Barbara Boxer (D-Calif.) raised the same point in a Jan. 30 hearing of that committee.

Luthi noted in his Feb. 1 article that the polar bear already is subject to stricter regulation under the Marine Mammal Protection Act than it would receive under the Endangered Species Act. Bear dens must be protected, and no action is allowed that would have more than a negligible impact. If FWS decides to list the animal as threatened, energy exploration and other potential activities would occur only after requirements of an ESA listing were met, the MMS director said.

"Over the past 30 years, MMS has funded nearly $300 million for environmental studies in Alaska waters and scientific research of marine mammals, including the polar bear. Annually since 2000, we have benefited from 30-40 environmental studies, some focused specifically on polar bears. We now know more about the bear and its habitat requirements, which will help in the long-term survival of the species," Luthi said.

A Chukchi Sea lease sale was included in both the 2002-07 and 2007-12 US Outer Continental Shelf oil and gas leasing program, which were subject to rigorous congressional and public scrutiny, he continued. "Congress did not take action to disapprove either program," he said.

"Our decision comes down to the bare necessities: Where do we want to get our energy? Having a domestic supply is far more reliable and secure than relying upon foreign sources. Can we develop domestic supplies and provide protection for the environment and wildlife, including polar bears? Yes, we can and should," Luthi maintained.

Native village impacts
But the 10 environmental organizations and three Alaska Native villages said in their lawsuit that MMS failed to adequately consider leasing impacts not only on polar bears but also on North Slope Native villages. The groups are being represented by Earthjustice, a nonprofit environmental law firm.

They said the Chukchi Sea is the lifeblood for communities such as the Village of Point Hope. "We've hunted and fished in the ocean for thousands of years. One oil spill could destroy our way of life," said Jack Schaefer, president of the village's tribal council.

The groups, which include the Sierra Club, Wilderness Society, and National Audubon Society, also contend that MMS has not fully addressed impacts from other oil and gas activities such as seismic testing, which they say can have significant biological impacts on bowhead whales and other marine mammals.

The lawsuit contends that the DOI agency also failed to consider the combined impacts of global warming and oil and gas activities on the region when deciding to proceed with the Chukchi Sea lease sale.

Contact Nick Snow at [email protected].