Nearly 20,000 acres of prime Central Coast farm and ranch land may be
protected at least temporarily from oil and gas "fracking" due to a
federal judge's "watershed" ruling.
Environmentalists and local representatives cheered the decision
by U.S. Magistrate Judge Paul Grewal, who said federal land managers
violated a key environmental law when they auctioned off the rights to
drill for oil and gas on public lands in Monterey County, home to one of
the largest deposits of shale oil in the nation.
Grewal faulted the Bureau of Land Management for not reviewing
the potential impacts caused by fracking before accepting bids for the
drilling rights, in accordance with the National Environmental Policy
Act.
The judge did not say whether the leases themselves would be
invalidated, but said he would decide their fate after the parties meet
and send him a proposal next week.
"This important decision recognizes that fracking poses new,
unique risks to California's air, water, and wildlife that government
agencies can't ignore," said Brendan Cummings, senior counsel at the
Center for Biological Diversity, who argued the case for the plaintiffs.
"This is a watershed moment — the first court opinion to find a federal
lease sale invalid for failing to address the monumental dangers of
fracking."
County officials and environmental groups expressed concerns two
years ago about BLM's plans to auction off the drilling rights for
parcels near the lush Salinas River
Valley before doing a sweeping review of the impacts on water, wildlife and air quality.
While the ruling directly affects lease sales on only about 2,500
acres in south Monterey County, the lawsuit's co-plaintiffs, the Sierra
Club and the Center for Biological Diversity, are poised to sue over
17,000 acres that BLM subsequently auctioned off in December 2012 while
Grewal's ruling was pending. The latter sale involved land in Monterey,
San Benito and Fresno counties.
"We're very excited. We're thrilled," Rita Dalessio,
conservation chairwoman of the Ventana Chapter of the Sierra Club, said
of Sunday's ruling. "I'm sure the champagne is flowing in (Sierra Club
offices in) San Francisco."
Fracking, or hydraulic fracturing, employs huge volumes of water
mixed with sand and chemicals to blast open rock formations and extract
oil and gas. The oil industry maintains the practice has been safely
used for decades. It has resisted identifying what chemicals are used,
however. Environmentalists worry the technique can contaminate
groundwater and pollute the air, as well as trigger seismic activity in
the state's most earthquake-prone area.
The affected leases sold in September 2011 include scenic
stretches of southern Monterey County, where cattle ranchers and wine
grape growers rely on tight water supplies to irrigate their pasture
lands and vineyards. The area is also part of the historic range of the
endangered California condor, whose global population was recently
estimated at less than 400 birds.
The lawsuit alleged the bureau relied on inadequate 2006 studies
to assess the environmental risks associated with increased oil and gas
development. BLM maintained the leases would not necessarily involve
fracking and new reviews were not necessary until requests were filed to
drill on the leased property.
BLM spokesman David Christy said Monday afternoon he could not
immediately comment on the decision as the agency had not had time to
review it, but said officials planned to meet with the other parties
according to the judge's direction.
Monterey County Supervisors Dave Potter and Simon Salinas were
two of the local representatives who sought the delay of the 2012 lease
sales that relied on the same 2006 studies. Given the challenging water
issues in the Salinas Valley, and the potential for earthquake damage to
the area's dams, both said Sunday's ruling was a victory.
"This puts the brakes on and forces everyone to do more
environmental review," said Salinas, adding that it may provide time for
passage of state legislation to ensure safety.
While he hears a lot about the number of jobs that could come,
Potter said, he'd like to see environmental impact be more of a priority
than "making money for oil companies."
"It's a bit like the way FEMA approaches disaster," he said.
"They just wait until after the disaster and then say, 'Here's how we're
going to repair it.' I'd rather know on the front end."
The Associated Press contributed to this story.
Virginia Hennessey can be reached at 753-6751 or
vhennessey@montereyherald.com.
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