Safeguard the public's right to participate in public lands management

Oppose NEPA exemptions for energy projects that harm public health, our environment, and the opportunity for public review of oil and gas

We urge you to oppose provisions or amendments to the Senate Energy Bill that would limit environmental, public health, and citizen review of oil and gas projects as proposed by Section 2055 of H.R. 6.  Sec. 2055 of H.R. 6 would harm the public by seeking to: (1) prevent federal agencies from being able to consider any public health and environmental impacts under the National Environmental Policy Act (NEPA) for a wide range of energy projects, especially oil and gas development on public lands, and (2) cut the public, expert agencies, and local and state governments out of energy project decisions.

Section 2055 of H.R. 6 would exempt from NEPA review the following activities on federal lands managed by the Secretary of the Interior:

Geophysical exploration projects that do not require road construction.  In fact, although most geophysical exploration do not require road construction, they can, if not carefully conducted, damage a host of cultural, archeological and environmental values on the public lands.

Individual surface disturbances of less than 5 acres.  Most oil or gas drill pads are less than five acres.  The provision opens up an enormous loophole in NEPA that would allow oil and gas operators to claim that because each of their pads are less than 5 acres, they should be exempt from NEPA review, even if their overall project involves dozens or hundreds of wells. 

Drilling oil and gas wells within developed fields, and areas where drilling occurred previously.  This could prevent federal agencies, local governments, and the public from considering and preventing serious human health and environmental impacts that would likely result from increased drilling in developed areas. 

Disposal of water produced from an oil or gas well.  Water produced with oil drilling can contain a smorgasbord of toxic chemicals, while high-saline water produced by coalbed methane drilling is destroying ranchers’ lands and livestock forage.  NEPA review of  coalbed methane projects is necessary for agencies and the public to take appropriate steps to mitigate the damage form produced water.

Pipeline construction projects in approved right-of-way corridors. The provision would exempt actual pipeline project proposals from NEPA review.

For more information, please contact:
David Alberswerth, The Wilderness Society, 429-2695
Sharon Buccino, Natural Resources Defense Council, 289-6868
Randy Moorman, Earthjustice, 667-4500