Wednesday, March 19, 2014

Editorial - State makes a point in suing over federal failure to consider oil plan

Gov. Sean Parnell has taken the next step in the long-running, slow-moving effort to tap the energy resources of the Arctic National Wildlife Refuge’s coastal plain, an area that Congress decades ago recognized as having high oil and gas potential.

The governor on Friday announced that the state has filed suit against the Department of the Interior and the U.S. Fish and Wildlife Service over those agencies’ refusal to consider the state’s plan for exploratory oil and gas activity in the 1.5-million-acre coastal plain of ANWR as required by the Alaska National Interest Lands Conservation Act of 1980.

It’s a good move and shows that the ANWR battle, although quieted nationally by an unfavorable White House and Senate, is far from over.

The source of the disagreement between the state and the federal agencies stems from a 2010-2011 Fish and Wildlife Service revising the 1988 ANWR comprehensive conservation plan, which deferred handling of the coastal plain to a 1987 ANWR resource assessment report that recommended Congress approve an oil and gas leasing program for the coastal plain.

The revision put forward by Fish and Wildlife officials didn’t include an oil and gas option but did include two options for Congress to declare the coastal plain as wilderness.
That, rightly, set off some alarms in Alaska.

The state submitted an oil and gas exploration plan in 2013 but was rejected by Fish and Wildlife. Interior Secretary Sally Jewell said authority for approving a plan expired with completion of the 1987 resource assessment report required by ANILCA.

The big flaw in the secretary’s argument, however, is that ANILCA contains no expiration date for the authority to approve a plan. The process outlined for approval of a plan of exploration activity remains on the books.

So the secretary must follow through with the process, which requires that any exploration plan submitted for approval and meeting the guidelines get at least one public comment hearing in the state and then be approved.

That hasn’t happened.


No comments: