The Interior Department has closed a loophole in its rules that allowed environmental groups to delay energy projects in the West without just cause.
Opponents to projects discovered if they appealed the issuance of Bureau of Land Management development permits for anything from cattleguards to oil wells the Interior Board of Land Appeals (IBLA) would grant an automatic stay that lasted as long as 2 years.
All it took was a 29 stamp. Opponents had only to cite general reasons in their petition and did not have to show just cause for the delay.
INTERIOR RULE
Last March the Interior Department issued an interim rule outlawing the 290 appeals and last week followed it with a final rule.
Interior's action already has been upheld in court. Environmentalists sued to vacate the interim rule, but earlier this month a Washington, D.C., federal judge upheld it.
He said, "Imposition of automatic stays would significantly impact (companies) who may have oil and gas exploration and development programs disrupted and delayed by such automatic stays even though there has been no showing of harm to the environment or reason for a stay."
David O'Neal, assistant Interior secretary for land and minerals management, noted the normal BLM process affords opponents of drilling three or four opportunities to register their opposition.
Under the new rule, if they appeal to IBLA, they must show harm to get an automatic 30 day stay. Or they can always sue in court, but there they must convince a judge of the need for a stay.
In addition to the final rule on BLM appeals, Interior has proposed a rule allowing its other land management agencies to close the IBLA loophole.
O'Neal explained, "We're not trying to stop anybody from exercising their rights. We just want an expedited process that weeds out frivolous suits.
"Right now the appeals process is overwhelmed, largely because of our own red tape. Valid appeals are being held up while frivolous appeals bottle up the system. This is costing our nation jobs and reducing our productivity, not to mention creating an atmosphere of uncertainty."
Actions by the Southern Utah Wilderness Alliance, which supports a bill in Congress to lock up 5.2 million acres of the state as wilderness, brought the issue to a head.
The alliance had appealed to IBLA to block all permits in the proposed wilderness areas. Mostly due to its actions, IBLA has 45 appeals pending involving Utah lands.
HEADING OFF DISASTER
Other environmental groups were beginning to adopt the tactic.
A spokeswoman for the Rocky Mountain Oil and Gas Association said, "Had Interior not come out with a rule, it would have had a devastating effect for oil and gas in the West.
"It was clear that environmentalists had intended to halt operations in a number of areas."
Copyright 1992 Oil & Gas Journal. All Rights Reserved.
