NEPA IN THE POWDER RIVER BASIN: THE COALBED METHANE SAGA

• Jurisdiction: United States

NEPA and Federal Land Development
(Feb 2006)
CHAPTER 7A
NEPA IN THE POWDER RIVER BASIN: THE COALBED METHANE SAGA
Bruce Pendery
Staff Attorney and Public Lands Director
Wyoming Outdoor Council
Logah, Utah

BRUCE PENDERY

Bruce Pendery is Staff Attorney and Public Lands Director of the Wyoming Outdoor Council in Logan, Utah, where he practices natural resources and environmental law, particularly as related to the public lands.

He has a Bachelor's degree in wildlife biology and a Master's degree in range science. Prior to entering the law he worked for federal and state natural resources management agencies and research agencies and published a number of peer-reviewed scientific papers. His legal background includes publication of law review articles on livestock grazing and state trust lands, and he practiced general law prior to moving into public interest environmental law.

Two Tracks for CBM and NEPA in the Powder River Basin

• Resource Management Plan Amendments--Programmatic EISs

• NEPA Challenges to Lease Issuance Pursuant to the Unamended 1985 Buffalo RMP and 1999 Wyodak CBM EIS

[Page 7A-2]

Track 1: RMP Amendments in Wyoming

Powder River Basin Oil and Gas Project EIS and Proposed Plan Amendment (2003)

• Allows development of up 51,000 CBM wells over 10 years with 25 tcf recoverable gas.

• Amends the Buffalo and Platte River (Casper) RMPs.

• "The RMP amendments ... do not change the decisions of the 1985 RMPs relative to the availability of lands for oil and gas development. All other aspects of the 1985 RMPs concerning management of oil and gas and related activities are hereby replaced with the provisions contained in the RMPs as amended."

Track 1: RMP Amendments in Montana

Statewide Oil and Gas EIS and Proposed Amendment to the Powder River and Billings RMPs (2003)

• Amended the Powder River Basin and Billings RMPs.

• Allows development of approximately 10,000-26,000 CBM wells.

• "The RMP Amendments approved by this ROD do not change the leasing decisions and stipulations for leasing ... relative to the availability of lands for oil and gas development. .... All other aspects of [the RMPs] are hereby replaced and amended ...."

[Page 7A-3]

Track 2: NEPA Challenges to CBM Leases in Wyoming

1985 Buffalo RMP

• Estimated 1.2 billion cubic feet of undiscovered gas (DEIS).

• "The oil and gas reserve is available for leasing on 99.98% of mineral estate in the resource area." (DEIS)

• No specific analysis of coalbed methane.

• Pre-leasing environmental analysis.

1999 Wyodak EIS

• 5000 well project north and south of Gillette.

• Specifically analyzed coalbed methane impacts.

• Post-leasing environmental analysis.

[Page 7A-4]

Amendment of Resource Management Plans

· "An amendment shall be initiated by the need to consider monitoring and evaluation findings, new data, new or revised policy, a change in circumstances...