suwa, Author at Southern Utah Wilderness Alliance


  • February 25th, 2021

    Southern Utah Wilderness Alliance lawsuits challenging secret 2017 meetings held between Kane, Garfield and San Juan County Commissions and Trump officials can proceed

    Contact: Laura Peterson, Southern Utah Wilderness Alliance, 801.236.3766
    David Reymann, Parr Brown Gee & Loveless, 801.257.7939
    Troy Booher, Zimmerman Booher, 801.924.0200

    Salt Lake City, UT (February 25, 2021) – This morning, the Utah Supreme Court issued two related opinions in long-running lawsuits brought by the Southern Utah Wilderness Alliance (SUWA) alleging that (1) the Kane and Garfield County Commissions and (2) the San Juan County Commission violated Utah’s Open and Public Meetings Act when they each met privately and in secret with Interior Secretary Zinke (and in the case of San Juan County, other DOI officials in Washington, D.C.) in 2017 regarding Zinke’s report on the future of Grand Staircase-Escalante and Bears Ears national monuments. These meetings preceded then-President Trump’s unlawful dismantling of those monuments. President Biden has pledged to swiftly undo Trump’s actions.

    “We’re grateful the Supreme Court has cleared the way for these important lawsuits to proceed,” said Laura Peterson, staff attorney with the Southern Utah Wilderness Alliance. “SUWA members and the broader public had every right to know what these commissioners were saying behind closed doors about the fate of Grand Staircase-Escalante and Bears Ears national monuments.”

    The Supreme Court reversed the district courts’ decisions to dismiss these cases at their earliest stage and concluded that (1) SUWA has legal “standing” to bring these cases (is the right party to do so) and (2) the allegations in SUWA’s lawsuits about the private meetings touching on how the hoped-for monument reductions would impact matters within the “jurisdiction or advisory power” of the commissions are sufficient for the cases to proceed. The cases will be remanded back to district court.

    The Supreme Court also (1) reversed Seventh District Judge Lyle Anderson’s decision in the case involving the San Juan County Commission to sua sponte (on his own accord and without a motion by the County) sanction SUWA for filing the case and order that SUWA pay the County’s attorney’s fees and (2) reversed Sixth District Judge Marvin Bagley’s decision in the Kane and Garfield County case that SUWA had brought its case in bad faith and order that SUWA pay the Counties attorneys’ fees. With regard to Judge Anderson’s decision, the Supreme Court specifically called out Anderson’s inappropriate “independent factual research” as contrary to the Judicial Code of Conduct.

    Southern Utah Wilderness Alliance was represented in the San Juan County case by Troy Booher, Dick Baldwin, and Frederick Voros with the Salt Lake City law firm Zimmerman Booher, and Laura Peterson and Stephen Bloch at SUWA. SUWA was represented in the Kane and Garfield County case by David Reymann and Austin Riter with the Salt Lake City law firm Parr Brown Gee & Loveless.  Friend of the Court briefs were filed in each case on SUWA’s behalf by the Deseret News, Fox 13 KSTU-TV and the Utah Headliners Chapter of the Society of Professional Journalists, represented by Edward Carter with the Orem firm Keen Law Offices.

    Additional Resources 

    Southern Utah Wilderness v San Juan County opinion.

    Southern Utah Wilderness v Kane County opinion.

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  • February 24th, 2021

    The Bureau of Land Management is accepting public comments for a new travel management plan for the spectacular San Rafael Swell. With the designation of new wilderness areas in the Swell in 2019, and with the BLM’s poor track record of over-designating new routes through this kind of planning, your comments are important. SUWA staff attorney Laura Peterson rejoins us to talk about the San Rafael Swell Travel Management planning process and what you can do.

    Tell the BLM to fulfill its legal obligation and keep motorized trails out of wildlife habitat, cultural sites, and other sensitive or inappropriate areas in the San Rafael Swell.

    Wild Utah is made possible by the contributing members of SUWA. Wild Utah’s theme music, “What’s Worth?” is composed by Moab singer-songwriter Haley Noel Austin. Post studio production and editing is by Jerry Schmidt.

    Listen on your favorite app!

    wildutah.info/Stitcher
    wildutah.info/Apple
    wildutah.info/Spotify

  • February 24th, 2021

    Copyright Liz Thomas/SUWA

    Utah Governor Cox joined by other GOP Governors and pro-pollution groups such as the Western Energy Alliance (WEA) are engaged in an aggressive misinformation campaign against President Biden’s recent Executive Order pausing new oil and gas leasing on public lands to address the “profound climate crisis.” Among other untruths, the governors have argued—wrongly—that Biden’s Executive Order “bans new oil and gas development on federal lands,” and WEA argues that the Order is “bad policy for reducing greenhouse gas emissions,” and will result in billions of dollars of lost revenue.

    Here are the facts about oil and gas leasing and development on the western public lands:

    • The Executive Order does not ban new oil and gas development on existing leases. Instead, it states that “[t]o the extent consistent with applicable law, the Secretary of the Interior shall pause new oil and natural gas leases on public lands. . . .” (emphases added). The Order pauses new leasing, not development on existing leases. It does not limit oil and gas operators’ ability to develop their thousands of stockpiled leases—across the western public lands—the majority of which are sitting idle.
    • Oil and gas operators have thousands of leases, consisting of millions of acres of public lands that have not been developed. In other words, operators are not even developing the majority of leases they have already acquired. In Utah, for example, the Bureau of Land Management (BLM) reports that there are 2,975,000 acres of existing leases across the state but that only 1,102,000 acres are currently in production—that is, sixty-three percent of the existing leases are sitting idle.[1]
    • Oil and gas operators across the West are sitting on almost 10,000 unused drilling permits. In Utah, the pace of new drilling has come to a near standstill and operators only develop approximately half of the permits that are approved. The Utah Division of Oil, Gas and Mining reports, for example, that in 2019 operators applied for 263 permits (down from more than 2,000 only a few years prior) but during that same period drilled only 154 wells (down from more than 1,100 only a few years prior). Moreover, Baker Hughes reports that as of February 19, 2021, there are only three active drill rigs in the entire state of Utah (a more than ninety percent decline from a few years ago).[2] These changes are market-driven and occurred during the Trump administration.
    • The pause on new leasing will not have a significant impact on rural Utah counties energy production bottom line—many of which see little, if any, drilling and exploration. In fact, during the four years of the Trump administration’s so-called “energy dominance” agenda, operators applied for only 43 drilling permits and drilled only 21 wells in southeastern Utah—an area encompassing more than 16 million acres of land.[3]
    • The oil and gas industry has little interest in leasing and development in Utah. In fact, the demand for new oil and gas leasing is so low that the Utah School and Institutional Trust Lands Administration (SITLA) has cancelled several past and upcoming auctions. SITLA leasing is not affected by Biden’s Executive Order.
    • In 2020, the BLM issued only seventeen leases in 2020, covering 11,045 acres. In total, the high bidders paid just $51,617 to acquire these leases.
    • Due to outdated laws, speculators can acquire oil and gas leases for ten-year periods for as little as $1.50 per acre—a broken process that generates little revenue for the state (none of which goes directly to fund public education). In Utah, fourteen of the seventeen leases issued by the BLM in 2020 sold for the minimum amount per acre (82 percent). 
    • Based on the above discussed leasing data, the Salt Lake Tribune reported that Trump’s four-year “energy dominance” agenda had very little economic benefit in Utah.

    And here are the facts about how fossil fuel development is driving the Climate Crisis:

    • The Climate Crisis is being driven in large part by the Bureau’s oil and gas leasing program. According to the most recent data available from the United States Geological Survey, “[n]ationwide emissions from fossil fuels produced on Federal lands in 2014 were 1,279.0 million metric tons of carbon dioxide equivalent (MMT CO2 Eq.) for carbon dioxide, 47.6 MMT CO2 Eq. for methane . . . and 5.5 MMT CO2 Eq. for nitrous oxide.” These emissions totals represent “23.7 percent of national emissions for [carbon dioxide], 7.3 percent for [methane], and 1.5 percent for [nitrous oxide] over” a ten year period.
    • Public lands—if left intact and protected from the threats of oil and gas leasing and development—can mitigate the worst effects of climate change. In a recent report, it is estimated that passage of America’s Red Rock Wilderness Act would permanently keep in the ground greenhouse gas emissions equal to 5.7 percent of the carbon budget necessary to limit warming to 1.5 degrees. These same lands are estimated to currently sequester and store 247 million metric tons of organic carbon.

    [1] Data available on BLM’s Oil and Gas Statistics website (follow hyperlinks for Tables 2 and 6), https://www.blm.gov/programs/energy-and-minerals/oil-and-gas/oil-and-gas-statistics.

    [2] Follow hyperlink for “Rigs by State – Current and Historical.”

    [3] There are only two oil and gas producing counties of any particular importance in Utah: Duchesne and Uintah. In these northeastern Utah counties, operators applied for 1,257 drilling permits from 2017-2020 (the “energy dominance” years). However, consistent with their established pattern and practice, less than half of the approved permits were ever drilled (567).

  • February 19th, 2021

    In just a few weeks, Sen. Dick Durbin (D-IL) and Rep. Alan Lowenthal (D-CA) will reintroduce America’s Red Rock Wilderness Act in the 117th Congress! This legislation is the grand vision for protecting Utah’s deserving wilderness and could play a key role in the Biden administration’s goal of protecting 30 percent of American lands and waters by 2030.

    Click here to ask your members of Congress to become original cosponsors today!

    Dirty Devil proposed wilderness, copyright Ray Bloxham/SUWA.

    The bill would protect as wilderness 8.4 million acres of the magnificent redrock landscapes we all love—places with evocative names like Labyrinth Canyon, the Dirty Devil, and the Book Cliffs. It would also advance efforts to combat climate change by keeping fossil fuels in the ground, achieving 5.7 percent of the carbon mitigation needed to limit global warming to 1.5 degrees by 2030.

    Contact your representatives today and tell them you support America’s Red Rock Wilderness Act!

    The federal public lands the Red Rock bill would protect belong to all Americans and are a treasured common ground for discovery, restoration, and solitude. At a time when all of humanity is being tested by a global pandemic and more frequent natural disasters linked to climate disruption, it’s clear that protecting the wild places we have left is imperative, for nature’s sake and for our own.

    In Utah, we are lucky to have some of the wildest unprotected landscapes in the lower 48 states, and a true opportunity to restore balance.

    Please ask your representatives to become original cosponsors of America’s Red Rock Wilderness Act today!