Skip to comments.Judge bars gas drilling in roadless areas
Posted on 12/01/2006 8:41:40 AM PST by george76
The federal judge who overturned the Bush administrations Roadless Rule declared Wednesday that energy companies cant set up their drill rigs on any undeveloped oil and gas lease issued since 2001 within a roadless area.
U.S. Magistrate Judge Elizabeth D. LaPorte ruled in September that President Bill Clintons 2001 Roadless Rule be reinstated, protecting 4.4 million acres of roadless areas in Colorado national forests and more than 58 million acres nationwide.
Her ruling Wednesday prevents the U.S. Forest Service from approving or allowing any surface disturbance of a mineral lease issued after Jan. 12, 2001, on which drilling or development has not already begun.
In Colorado, Utah and North Dakota, about 327 leases could be affected by the judgment, LaPorte ruled. Permits to drill have not yet been issued for those leases.
After LaPorte in September sidelined Bushs 2005 rule requiring states to petition the U.S. Department of Agriculture regarding national forest lands suitable for protection as roadless areas, the plaintiffs in the case asked her to take the ruling a step further.
The plaintiffs four Western states and a slate of environmental groups asked for an injunction against a number of energy leases in various stages of government approval that hadnt yet seen any on-the-ground drilling activity.
LaPorte ruled that, although the government argued it and the lease owners would suffer economically if the leases are enjoined, economic loss is not irreparable.
My reaction is: Whoopee! said Sloan Shoemaker, executive director of the Carbondale-based Wilderness Workshop, calling the ruling a second step in LaPortes September judgment.
(Excerpt) Read more at gjsentinel.com ...
ht Diddle E. Squat
" the nitwit judge who banned the Navy from using its new sonar system? "
ht : Diddle E. Squat
Who needs a President when we have judges running the country???
I guess there will never be an explaination of the legal rationale that a judge can make such a ruling? Does Bush not have the authority to overturn an Executive Order of a prior President? How is an ex-President's EO above the current President?
Judges cannot legally 'overturn' laws or reinstate statues.
If a question arises as to it's constitutionality, they can only refer it back to Congress to be redressed.
This judge, and many like others, are trying to make law from the bench.
Not sure about this ruling, but I do have one concern about drilling in a roadless area and that is accidents. A forest fire occurs, and the well and rig explode. How other than through the air do rescuers respond to a big crude oil fire?
This is probably not the reason behind the rule, but safety should dictate that there should be a reasonable way for emergency evacuation and emergency response to a site drilling a flammable and toxic material.
" and you know she complains about the price of gas..."
and she probably blames Bush !
" Who needs a President when we have judges running the country??? "
...or a congress.
A few points:
Whoopee! said Sloan Shoemaker, executive director of the Carbondale-based Wilderness Workshop, calling the ruling a second step in LaPortes September judgment.
The Clinton Roadless Rule said you can get the natural gas out, lease these areas, but you cant disturb the surface of them, he said. Weve always said the same thing.
" Let's hope for this to be quickly overturned."
The next step...
" Apparently she supports the position that public lands belong to the state not the people.
How Stalinistic of her."
"This is about gas drilling, not oil."
It was in response to his question: How other than through the air do rescuers respond to a big crude oil fire?
How do you know these are just natural gas leases? It says "minerals leases."
These Judges also defer to the UN, France...make up stuff...
Sheesh! I was just pointing out that the title of the article refers to "gas drilling". I'm making the rash assumption that the author had some reason to specify "gas drilling." Give me a break!
Absolutely. Of course the next President can re-instate it.
Personally I think EO's should expire with the President's Term. If they want to make them continue, have the next President review each one and issue re-orders.
a federal judge who earns 200k per year. Federal Pension.
Lifetime job security with no mandatory retirement.
She does not live in the same world as the rest of society.
Perhaps it should be a requirement for citizenship that you have to kill, clean and eat something and that is your only source of survival.
These are the morons who think anwar is somthing worth saving.
OK ... " ... The Clinton Roadless Rule said you can get the natural gas out, lease these areas, but you cant disturb the surface of them, he said. Weve always said the same thing. ..."
I didn't know this Roadless Rule only applied to natural gas wells. IOW, they can drill all the oil wells they want, but they'll have vent the gas or something, I guess. And they'll have to drill them directionally from a distance outside the area, I suppose.
I love that "you can get the natural gas out" but you can't drill for it. Just bust open someone's existing pipeline! From your helicopter.
Doesn't make any sense at all.
The irony of it all.
Resource rich, we sit as the ugly step sister at the dinner table of OPEC.
These plans exist already I'm sure, as the oil companies don't want to lose any rigs either. And you can bet they have safety plans galore. Most of this area is sage brush badlands anyway.
The USFS doesn't give a rip about big fires, as they refuse to allow harvesting of millions of acres of beetle-killed and/or blown-down timber. They and the environmentalists don't care if the whole forest goes up in a blaze, just as long as no one is allowed to make any money from oil and gas leases, or timber.
THey are gas leases. I know 'cause I live here.
So what physical entity would actually stop them? I say do it anyway while citing Bush's order and state they do not recognize any law-making powers of the judge.
" Resource rich, we sit as the ugly step sister at the dinner table of OPEC."
" She does not live in the same world as the rest of society. "
That stated "concern" is pure bullship. How in the hell dig the oil rig get there in the first place? Transmorification? Get real.
Besides, a fire would destroy the rig and all those evil oil men and that's a good thing.
BLM or the forest service could sit on the new gas drilling lease offerings.
There are many liberals inside of BLM, etc. who would love to do nothing.
They can delay Bush's orders for years ?
" ... 4.4 million acres of roadless areas in Colorado national forests and more than 58 million acres nationwide. ..."
I didn't think this was just about the Rocky Mtn region - it seemed to apply to the Mid-Continent and everywhere else. It still doesn't make sense to outlaw new drilling of natural gas wells and not oil wells - not that I want that to happen, for sure.
Then I re-read the article more carefully....so I stand corrected.
HOw are you doing , BTW ?
Good today, thanks. Haven't faced the frigid air yet, though - will be doing that shortly.
It hasn't bothered me, asthma-wise in the over 2 years I've had it, BUT I'm sicker now - and cold air is *supposed* to be the main trigger for other people. We'll see!
How bout you? Do you have snow on the ground?
Yes- we do have snow, about 3 inches, that's melting slowly. It's pretty, and cold -like 7 degrees yesterday morning. It doesn't stay too cold for long around here.
I didn't know that cold air triggered asthma- I hope it won't for you, and that it will warm up quickly, too.
Some of these judges think they are gods now.
These judges should be removed.
I wish that the processes would start.
If a few were removed, many of the others would cool it.
Thanks and good find.
She should not be a judge !
How other than through the air do rescuers respond to a big crude oil fire?
Didn't bother me today - but then, it was around 55-56 degrees, lol - not frigid, which I had expected. I haven't had the heat on yet - 33 last night but I've had the windows open! Take care.
We have a little independent oil company and any time you go into an area to develop there are no roads. You build the roads as you develop. That is stupid, no roads! You go into farm fields of corn, river bottoms, brush, wherever the geologist acertains a possible oil formation may be discovered. One place near me drilled below a lake......no road there. They drilled diagonal under the water and produced a whopper. Whew!
The new roadless areas often have existing historical roads that the feds are closing and trying to close even more existing roads.
They also close existing hiking trails to hikers...
The "PC" spin is no new roads, but the reality is that they are removing existing roads.
They are denying access to public lands by the public. We can not hike, have lunch, etc. after these areas are closed.
The feds also propose rules to stop camping by families. One proposal was one person camping per mile. So a family of four had to carry in four tents and place each tent one a mile apart !
Time for bed, I thought it said Gas GRILLING banned, LOL!
Regime change in the courts. Impeach activist judges!