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."
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