Judge rules Salazar exceeded authority in canceling Utah leases

US Interior Sec. Ken Salazar exceeded his authority when he order 77 federal oil and gas leases in Utah withdrawn in early 2009, a federal court judge ruled on Sept. 1 in Salt Lake City. But US District Judge Dee Benson also ruled that plaintiffs waited too long to challenge Salazar’s action. Commissioners from three eastern Utah counties and three area independent producers who brought the suit indicated that the judge’s decision keeps an unacceptable precedent from being established. Salazar ordered the leases canceled early in 2009, soon after he became Interior secretary, after the US District Court for the District of Columbia issued a temporary restraining order on Dec. 22, 2008, preventing the US Bureau of Land Management from issuing them. The tracts were among 116 parcels sold at a regularly scheduled lease sale on Dec. 19. The Southern Utah Wilderness Alliance had sued 2 days earlier to block their being offered. In his decision, Benson said the federal Mineral Leasing Act’s plain language mandates that the US Interior secretary accept bids and issue oil and gas leases as part of the competitive leasing process. The mandate limits discretion which the secretary generally possesses to determine whether to issue a lease, he said. “In this case, the secretary exceeded his statutory authority by withdrawing leases after determining which parcels were to be leased and after holding a competitive lease during which the BLM named the plaintiffs high responsible bidders,” said Benson. “Ultimately, though, the plaintiffs’ claims are time-barred,” he continued. “Faced with a strict statute of limitations, the plaintiffs failed to file their suit within 90 days of the secretary’s final decision.”...more