DENVER— The Center for Biological Diversity and Living Rivers today filed a 60-day notice of intent to sue the Bureau of Land Management and U.S. Fish and Wildlife Service to compel them to update invalid, outdated Endangered Species Act consultations on the impacts of climate change and expanded fracking in western Colorado on the Colorado River system and its four endangered fish. The challenge seeks to halt all new oil and gas leasing and development on federal public lands in the Upper Colorado River Basin of Colorado — including the White River and Grand Junction field offices — pending updated consultations.
“The Colorado River system’s endangered fish can’t handle more water depletions. The river system is already overtaxed, and declining flows because of climate change are making a bad situation worse,” said Taylor McKinnon with the Center. “It’s hard to imagine a more self-destructive policy for the Colorado River Basin than using scarce water to fuel more climate-warming fossil fuel extraction — but that’s exactly what the Obama administration is allowing.”
The notice asserts that a programmatic “biological opinion” study authorizing water withdrawals for oil and gas development on public lands in the Upper Colorado River Basin is outdated and invalid. The study fails to consider impacts to endangered fish from the drawing-down of large amounts of water that would be used for horizontal drilling, as well as the impacts of developing expanded estimates of Mancos shale gas deposits, existing and projected future climate-driven Colorado River declines, oil and other toxic spills, mercury and selenium pollution, and the failure of the federal recovery program to provide minimum river flows in critical habitat for the fish.
The notice challenges both agencies’ reliance on the study when they approved new land-use plans for the Grand Junction and White River field offices last year and other oil and gas development plans this year. Together the new land-use plans would allow nearly 19,000 new oil and gas wells in western Colorado. Yet the Fish and Wildlife Service has already conceded that any further water depletions from the Colorado River or its tributaries would jeopardize the four endangered fish — the Colorado pikeminnow, razorback sucker, humpback chub and bonytail.
“Fracking in the Colorado River Basin comes at the peril of public lands, our climate, the river, its endangered fish, and tens of millions of downstream water users,” said McKinnon. “It’s backward public policy in face of a worsening climate crisis. Now’s the time for the Obama administration to align our country’s energy policies with its climate goals by ending new fossil fuel leasing on America’s public lands.”
Center for Biological Diversity attorneys Wendy Park and Michael Saul are staffing the case.
On behalf of the American people, the U.S. federal government manages nearly 650 million acres of public land and more than 1.7 billion acres of the Outer Continental Shelf — and the fossil fuels beneath them. This includes federal public land, which makes up about a third of the U.S. land area, and oceans like Alaska’s Chukchi Sea, the Gulf of Mexico and the Eastern Seaboard. These places and the fossil fuels beneath them are held in trust for the public by the federal government; federal fossil fuel leasing is administered by the Department of the Interior.
Over the past decade, the combustion of federal fossil fuels has resulted in nearly a quarter of all U.S. energy-related emissions. A 2015 report by EcoShift Consulting, commissioned by the Center for Biological Diversity and Friends of the Earth, found that remaining federal oil, gas, coal, oil shale and tar sands that have not been leased to industry contain up to 450 billion tons of potential greenhouse gas pollution. As of earlier this year, 67 million acres of federal fossil fuel were already leased to industry, an area more than 55 times larger than Grand Canyon National Park containing up to 43 billion tons of potential greenhouse gas pollution.
Last year Sens. Merkley (D-Ore.), Sanders (I-Vt.) and others introduced the Keep It In the Ground Act (S. 2238) legislation to end new federal fossil fuel leases and cancel non-producing federal fossil fuel leases. Days later President Obama canceled the Keystone XL tar sands pipeline, saying, “Because ultimately, if we’re going to prevent large parts of this Earth from becoming not only inhospitable but uninhabitable in our lifetimes, we’re going to have to keep some fossil fuels in the ground rather than burn them and release more dangerous pollution into the sky.”
Download the September 2015 “Keep It in the Ground” letter to President Obama.
Download Grounded: The President’s Power to Fight Climate Change, Protect Public Lands by Keeping Publicly Owned Fossil Fuels in the Ground (this report details the legal authorities with which a president can halt new federal fossil fuel leases).
Download The Potential Greenhouse Gas Emissions of U.S. Federal Fossil Fuels (this report quantifies the volume and potential greenhouse gas emissions of remaining federal fossil fuels) and The Potential Greenhouse Gas Emissions fact sheet.
Download Public Lands, Private Profits about the corporations profiting from climate-destroying fossil fuel extraction on public lands.
Download the Center for Biological Diversity’s legal petition calling on the Obama administration to halt all new offshore fossil fuel leasing.
Download the Center for Biological Diversity’s legal petition with 264 other groups calling on the Obama administration to halt all new onshore fossil fuel leasing.