For Immediate Release
April 22, 2019
Salt Lake City, UT (April 22, 2019) – The Southern Utah Wilderness Alliance (SUWA) has filed a federal lawsuit challenging two decisions by the Bureau of Land Management (BLM) to offer, sell, and issue thirty-five oil and gas leases totaling 54,508 acres of public lands for development on the doorstep of Bears Ears, Hovenweep, and Canyons of the Ancients National Monuments.
The lawsuit, filed on Friday, April 19, 2019, aims to protect some of the most culturally and archaeologically rich public lands in the United States. These lands include cliff dwellings, pueblos, kivas, petroglyph and pictograph panels, and Chaco-era (circa 900-1150 A.D.) great houses. Numerous Native American tribes consider these sites sacred. The lawsuit challenges Utah-BLM’s March 2018 and December 2018 Monticello field office leasing decisions (March 2018 sale information here; December 2018 sale information here).
“The Trump administration is following a well-worn path of ‘leasing first, and thinking later,’ the same approach taken by the George W. Bush administration’s ‘drill here, drill now’ policies,” said Stephen Bloch, legal director for the Southern Utah Wilderness Alliance. “This approach, which has riddled Utah’s wild and culturally significant public lands with leases and should come as no surprise given that it’s the same political appointee – David Bernhardt – steering the Interior Department.”
The BLM, in its rush for “energy dominance,” ignored concerns raised by the National Park Service (NPS), Native American tribes, and the public, including SUWA. For the March 2018 sale, the NPS (BLM’s sister-agency in the Department of the Interior tasked with the management of nearby national monuments) submitted written comments condemning the BLM’s leasing proposal as being uninformed and ill-advised (see here). NPS explained that the BLM had “not fully evaluated” and had “not acted” to address its concerns regarding impacts of oil and gas development to national monuments including impacts to national monuments, dark night skies, air quality, water quality, and cultural resources, among others.
The All Pueblo Council of Governors and Pueblo of Acoma both submitted formal protests of BLM’s December 2018 leasing proposal (see, here, here). They explained that the BLM had failed to consider and analyze impacts to historic and traditional cultural properties and national monuments, among other resources. The Hopi Tribe similarly requested that BLM not offer these leases for oil and gas development (See, e.g., here).
“The BLM has placed the final pieces, completing its puzzle of oil and gas leases located at the doorstep of Bears Ears, Hovenweep and Canyons of the Ancients National Monuments,” said Landon Newell, staff attorney for the Southern Utah Wilderness Alliance. “And the BLM has done so without considering the ‘big picture’ impacts to national monuments and climate change and the surrounding landscapes, including impacts to dark night skies and the region’s rich cultural heritage.”
The Obama administration had declined to issue new oil and gas leases in this same area, citing the need to collect and analyze additional information and data regarding cultural resources, potential impacts to national monuments, and greenhouse gas emissions and climate change. The BLM never collected or analyzed that information and data. However, without having collected or analyzed the information and data the agency previously determined to be necessary, the Trump administration has resumed leasing in this contested area and proceeded to build a mosaic of leases on the doorstep of these national monuments (see here).
At the same time it has rushed to open up more lands for development, the Utah-BLM has also dutifully implemented the Trump administration’s energy dominance agenda. Among other things, the BLM has taken steps to (1) eliminate opportunities for public engagement in the agency’s leasing decisions, (2) eliminate the agency’s obligation to fully analyze site-specific impacts of leasing and development, and (3) eliminate any additional BLM-identified “burden” on oil and gas leasing and development.
SUWA’s lawsuit challenges the BLM’s failure to fully analyze the potential impacts of its leasing decisions, including to cultural resources, national monuments, climate change, and lands with wilderness characteristics. SUWA requests that the court set-aside and vacate the BLM’s leasing decisions and prohibit the BLM from approving future oil and gas development on the leases. Photographs of cultural and archaeological sites located on oil and gas leases at issue in this lawsuit are available here.