News and events from the Environmental Law Society at Boalt Hall School of Law.

Monday, April 30, 2007

Dept. of Interior Unveils 5-Year Offshore Drilling Program

DOI Press Release



Secretary of the Interior Dirk Kempthorne today announced a major federal initiative to boost oil and natural gas production on the U.S. Outer Continental Shelf in the Gulf of Mexico and off Alaska. The program could produce 10 billion barrels of oil and 45 trillion cubic feet of natural gas over 40 years, generating almost $170 billion, in today’s dollars, in net benefits for the Nation.

“The Outer Continental Shelf is a vital source of domestic oil and natural gas for America, especially in light of sharply rising energy prices and increasing demand for these resources,” Kempthorne said. “This energy production will create jobs, provide greater economic and energy security for America and can be accomplished in a safe and environmentally sound manner.”

Interior’s Minerals Management Service developed the initiative, known as the Five Year Outer Continental Shelf Oil and Gas Leasing Program, to guide domestic energy leasing on the OCS from 2007 to 2012. The program proposes 21 lease sales in 8 planning areas. Twelve sales are slated for the Gulf of Mexico, 8 off of Alaska and, at the request of the Commonwealth of Virginia, one in the Mid-Atlantic Planning Area, about 50 miles off the coast of southern Virginia.



. . .

Kempthorne emphasized that the proposal balances the critical need for domestic energy resources with the equally critical need to protect human, marine and coastal environments. He noted the program was developed through extensive consultation, public comment and the rigorous analysis required by the Outer Continental Shelf Lands Act and the National Environmental Policy Act.

“We consulted extensively with Members of Congress, state, local and tribal officials, industry, environmental organizations and received comment from more than a hundred thousand interested citizens,” Kempthorne said. “This program gives great weight to the desires of coastal states regarding oil and gas development near their shores and environmentally sensitive areas were removed from proposed lease sales.”

He also noted that 75 percent of the comments received from the public supported some level of increased access to the domestic energy resources of the Outer Continental Shelf. (yes...the "public"...not energy companies)

There is no leasing proposed within 125 miles of the Florida coast or east of the military mission line in the Eastern Gulf. The program includes a Central Gulf sale in 2007 that involves a portion of the Sale 181 area and, as mandated by the Gulf of Mexico Energy Security Act of 2006, one lease sale in the Eastern Gulf in 2008.

The Act, signed by President George W. Bush on December 20, 2006, requires oil and gas leasing in a portion of the area known as the “Sale 181 Area,” consisting of 2,574,823 million acres, of which 2,028,730 is in the Central Gulf and about 546,093 acres is in the Eastern Gulf of Mexico Planning Area. The proposed sale area “181 South” consists of 5,762,620 acres. The total of new areas in the Gulf offered under the proposed program is 8,337,443 acres.

The leasing program schedules eight sales in Alaska: two in the Beaufort Sea; three in the Chukchi Sea; up to two in Cook Inlet; and one in the North Aleutian Basin – in an area of about 5.6 million acres that was previously offered during Lease Sale 92 in 1985. There are currently no existing leases in the North Aleutian Basin. These areas would be subject to environmental reviews, including public comment, and extensive consultation with state and local governments and tribal organizations before any lease sale proceeds.

The program also includes a proposed sale in the Mid-Atlantic Planning Area off the coastline of Virginia in late 2011. Between the current presidential withdrawal and the annual congressional moratoria, the majority of the OCS around the lower 48 states is off limits to energy development, including all areas off Virginia. This sale would, therefore, only take place if the presidential withdrawal is modified and the congressional moratorium discontinued in the Mid-Atlantic Planning Area.

This planning area excludes a 50-mile coastal buffer from leasing consideration as requested by the Commonwealth of Virginia, as well as a wedge-shaped No-Obstruction Zone to avoid conflicts with navigation activities in and out of the Chesapeake Bay.
No lease sale would proceed without additional and more site-specific analysis of its environmental effects under the National Environmental Policy Act.

A Notice of Availability for the 5-Year program and its Final Environmental Impact Statement will appear in the Federal Register on May 2, 2007. As required by the OCS Lands Act, the program was submitted to the President and Congress today and, after 60 days, the Secretary may approve it to take effect on July 1, 2007. The complete proposed program is online at http://www.mms.gov/5-year/.

there it is

also, if you have kids you should definitely check out MMS's Kid's Corner. the little ones will be fascinated by their description of offshore oil and gas platforms! or not.

Saturday, April 28, 2007

A Classic...and a Soon to Be Classic

A Classic


Soon to Be

Changes to Spotted Owl Plan May Be Guano-rific

A draft recovery plan for the Spotted Owl was released Thursday by U.S. Fish and Wildlife Service. Although one of the plan's options would extend Clinton-era Northwest Forest Plan protections by designating new protected areas, the other would leave those decisions to Forest Service and BLM land managers.



This latter option has been decried by environmentalists as a way to weaken the Forest Plan and as a concession to timber industry. Depending on who you ask, I was either meddlesome political interference by the Bush administration with what was otherwise a harmonious and integrated process, or a way to allow for dynamic land management in the face of changing conditions.

On a side note, another provision of the plan calls for killing dozens of non-native barred owls to prevent competition with the spotted owls. The Humane Society's not too happy.

The plan is available for review from USFWS.

Comments will be accepted until June 25th. More info here.

There will also be a public meeting in Redding, California on May 23rd. More info at above links.

Thursday, April 26, 2007

The City Left Berkeley Holding the Bag, but We're Not Far Behind

from the San Francisco Chronicle

"Berkeley is considering becoming the second U.S. city after San Francisco to outlaw plastic grocery bags.

'It's important that San Francisco not be alone on this,' said Mayor Tom Bates, who referred San Francisco's ordinance to Berkeley's Zero Waste Commission for review. 'The whole region should be behind this, so San Francisco isn't hurt by shoppers going elsewhere.'

The City Council could vote on the ordinance in about a month.

'I'd love to be able to do it," said Steen Jensen, chair of the Zero Waste Commission. "For reaching zero waste, plastic bags are one of the big issues.'

As in San Francisco, grocers in Berkeley would have the option of offering compostable bags made of plant starch or paper should the ordinance pass. The California Grocers Association has said such bans will lead to higher prices."

Biodiversity Law

For anyone who was considering taking Biodiversity Law, here's an added incentive. If you haven't done your writing requirement, Prof. Biber announced that he's happy to have students fulfill the class and their writing requirement with a paper on a biodiversity-related topic. You can contact him with any questions.
The class is offered on Thursday and Friday from 11:15-12:30.

Wednesday, April 25, 2007

I know this is generally old news, but...

Ah, Massachusetts v. USEPA. Treehugger--excuse me, Treeblogger--really missed the boat on that one. By now, all who care far and wide have heard all about it.

Through CCELP's webpage, though, I found out today that CCELP's own Rick Frank wrote a nice little editorial for the S.F. Daily Journal on the impact of the decision.

Check it out.

Random Earthday Irony

I stumbled across this random news blurb from KCPW, a Utah NPR affiliate.

I am endlessly amused that Earth Day Awards were given to Arch Coal, C.W. Mining Company, Dumont Nickle, and Simplot Phosphate. oh, and Trout Unlimited.

Of course, these awards were given by the Utah Board of Oil, Gas, and Mining.

But hey, thanks for saving the environment mining companies!!!

Rare Rhino Caught on Tape! Too Hot for TV!

World Wildlife Fund posted this video of the rare Sumatran rhinoceros on the island of Borneo. There's some debate about whether this is the fist footage ever, but it suffices to say that these guys are super rare. Scientists estimate there are only 25-50 rhinos left on Borneo.

See it while you can.



And here's the WWF Press Release.

The Strange Case of the Vanishing Bees



Bees seem to be vanishing all over the U.S. and Europe. Colonies are declining and in some cases experiencing full-scale breakdowns.

The causes are currently unknown, although there is evidence that many bees have compromised immune systems. Bees, of course, are very important pollinators of many plant species.

This is an interesting phenomenon. I first heard about it a few months back, but it seems to be just breaking the national news media.

Here's a link to the New York Times story.

And Scientific American

Thursday, April 19, 2007

Victory for California's Ocean!

From www.oceanaction.org:

The Central Coast Gets a Boost of Protection



We did it! Thanks to the tireless work of the Ocean Action Team and our conservation allies, on April 13th the California Fish and Game Commission gave final approval for a strong network of marine protected areas along the Central Coast.

To everyone who wrote postcards, sent emails and attended Commission meetings - California's ocean has unprecedented levels of protection because of you. Many, many thanks!

California has created 29 marine protected areas covering over 200 miles along the Central Coast. Critical waters such as Soquel Canyon, Point Sur, and Piedras Blancas are now safe havens for fish and other marine life to thrive.

The work of creating a network of marine protected areas along the coast of California is not yet over. Stay tuned as the state begins to develop more marine protected areas along the northern coast - an area that extends from Pigeon Point to Alder Creek (just south of Mendocino).

For a detailed description and maps of the adopted Central Coast network of marine protected areas, visit the Department of Fish and Game's web site. There you can also learn more about California's efforts to create marine protected areas.

Welcome!

Welcome to The Treeblogger! The Treeblogger replaces The Treehugger, a newsletter published by ELS from 2004-2006. The blog will feature news stories and commentary of interest to environmental law students at Boalt, as well as the larger environmental community. If there is an environmental news story you would like to see on The Treeblogger, please email treeblogger at gmail dot com. If you would like to write a news story or commentary for the site as a guest, please also email me. Suggestions are welcome!