BLM plans new guidelines for oil and gas categorical exclusions

The US Bureau of Land Management plans to start a process to establish new guidelines for using categorical exclusions that will include an extensive public comment period, BLM Director Mike Pool told a US House subcommittee on Sept. 9.
Sept. 13, 2011
2 min read

The US Bureau of Land Management plans to start a process to establish new guidelines for using categorical exclusions that will include an extensive public comment period, BLM Director Mike Pool told a US House subcommittee on Sept. 9.

Pool’s announcement came during a hearing of the Natural Resources Committee’s Energy and Minerals Subcommittee on US Department of the Interior interpretation of onshore CXs established under Section 390 of the 2005 Energy Policy Act.

Nancy D. Freudenthal, chief judge for US District Court for Wyoming, in an Aug. 12 decision overturned CX instructions BLM and the US Forest Services issued to their field offices in late May and early June under US Interior Secretary Ken Salazar’s direction.

“Her decision vacated those instructions. They will not be re-proposed,” Pool said. He did not indicate when BLM would publish a notice of possible rule-making.

His announcement came as two Democrats on the committee, Ranking Minority Member Edward J. Markey (Mass.) and Rush D. Holt (NJ), the subcommittee’s ranking minority member, asked the US Department of Justice to appeal Freudenthal’s decision.

Other witnesses at the hearing testified that uncertainty about BLM’s approach to CXs has reduced production, discouraged onshore oil and gas development, and stymied government revenue.

Contact Nick Snow at [email protected]

About the Author

Nick Snow

NICK SNOW covered oil and gas in Washington for more than 30 years. He worked in several capacities for The Oil Daily and was founding editor of Petroleum Finance Week before joining OGJ as its Washington correspondent in September 2005 and becoming its full-time Washington editor in October 2007. He retired from OGJ in January 2020. 

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