ANCHORAGE — A 2008 lease sale in the Chukchi Sea off Alaska’s northwest coast remains legally flawed and should be cancelled, Alaska Native and environmental groups say in a court filing.
Earthjustice attorney Erik Grafe said Thursday the sale does did not follow federal environmental law despite Interior Secretary Ken Salazar’s conclusion last month that shortcomings identified by a federal judge had been addressed. Top federal government scientists acknowledge gaps in what is known of basic features of the Arctic Ocean, Grafe said, such as areas important to bowhead and beluga whales, walrus, seals, birds and fish.
“There are huge gaps in information that we think preclude an ability to analyze the facts and choose alternatives and manage any kind of lease sale manage or oil and gas activity up in the Arctic,” Grafe said.
An Interior spokeswoman said the department would have no comment.
The Minerals Management Service conducted the Chukchi sale during the waning days of the Bush administration, putting up nearly 46,000 square miles — an area larger than Ohio — in the waters off Alaska’s northwest coast. About 4,312 square miles were sold. A subsidiary of Royal Dutch Shell spent $2.1 billion and hopes to drill during the open water season next summer.
The 15 groups sued before the sale, claiming federal regulators had ignored environmental law requirements.
U.S. District Court Judge Ralph Beistline ruled in part that regulators failed to determine whether information they acknowledged was missing before the sale was relevant or essential, or whether the cost of obtaining that information was exorbitant.
Salazar on Oct. 3 said the replacement for the Minerals Management Service, the new Bureau of Ocean Energy Management, had met the judge’s concerns with supplemental environmental work. That included an analysis of potential effects of natural gas development, the relevance of the missing information, and the environmental impacts of a hypothetical large oil spill.
By affirming the 2008 lease sale, Grafe said, the Obama administration has adopted the mistakes of the previous administration.
Interior officials contend that not a single piece of missing information is critical to make a reasoned choice among lease sale alternatives, Grafe said in his brief, such as how disturbances from lease sale activity may affect bowhead whales, the lynchpin of Inupiat Eskimo subsistence culture. They withheld sales from nearshore areas to accommodate spring bowhead migration, Grafe said, but acknowledge they know less about bowhead aggregation in summer and fall.
“That’s the kind of information that’s critical at this stage, that kind of spatial information, what’s important habitat for these animals” he said.
BOEM uses boilerplate explanations used to justify that information is not essential, such as that information can be obtained later in the offshore development process, or that other environmental laws will preclude adverse effects, Grafe said in his brief. The groups also said the government has refused to analyze and consider the climate change effects of burning oil and gas produced by the lease sale.
Mike LeVine, an attorney for Oceana, one of the plaintiffs, said by phone from Juneau that agency officials have been contradictory. In announcing a new five-year offshore leasing plan last week, Interior officials said they would hold Arctic Ocean sales late in the five-year time frame to allow for scientific evaluations in the “frontier” drilling area.
“On the other hand, it’s gone out and said it doesn’t need any more information to affirm its decision to sell the leases from 2008,” LeVine said. “It’s inconsistent.”





Comments (14)
Add commentJeremiah - you have it
Jeremiah - you have it backwards. Why is our Gov. STILL defending the oil industry?
Remember under Pres. Bush MMS "Minerals Management Services" was the Dept. caught in the "Sex for Oil" scandal.
If the Republicans were concerned about the economy and want to put people back to work then why did they vote down the American Jobs Act?
And why did the Republicans sign the Norquest pledge stating they will never vote to raise taxes?
Our Government IS the problem, not "The People" who are standing up trying to protect our coastline and our fisheries from the negligent and incompetent oil industry.
This industry already destroyed the Gulf Coast Eco sytem. Do we want what happened there to happen here? It is pure negligence to allow this drilling to go forward.
All...
All I have to say is that if I was younger and wanted to succeed, had a great money making idea, liked Chinese food and spoke the language, I'd be moving. Where most people seem to hate China, right now they remind me of the early US. The land of opportunity where a man could become successful by hard work and sweat.
The land of the free and home of the brave has become the land of the regulated and home of the union worker.
SSDD
SSDD. Ho hum, another BS lawsuit by a bunch of do-gooder imbeciles more concerned with their imagined environmental issues than with reality.
BTW, Phouston, the GOP voted against the American Jobs Act because it wasn't. It was a thank you for unions and liberal supporters. Try thinking for yourself, just because some numnuts in the WH calls some pet project by a wonderful sounding name doesn't mean the bill actually does anything related to its title.
Goodbye, Wren
See how you like it there. Putting a rosy spin on a communist country like China that denies people their basic human rights is ludicrous.
China does not remind me of America at all. Yes, unions in many places have become corrupt, but so has the system of government they are trying to negotiate with... our whole system of lobbyist and no term limits and perks that make politicians stay in office so long they forget where they came from...
The union WORKERS are not bad -- don't confuse the system with the people trapped within it. You think plumbers and firemen are bad people? They just want to own a home and drive a car for goodness sake - not a mansion, just a darn house! Having faith in America and working hard to change things will fix our country --- not abandoning it!
As for this article, good for these people for trying to think 50 years into the future instead of what they can stuff into their wallets in five years. We owe this to our planet/environment and the Native people who trust the state of Alaska to keep its promises and help preserve their traditional ways.
Wren? Unions got our kids out
Wren? Unions got our kids out of the factories so they could go to school, unions fought for workers saftey so workers were not dieing on the job, regulations protect the public from the abusive practices of industry..... good lord, move to china or study the history of this country.
Unions used to be a good thing...
They have evolved into the union leaders being the epitome of greed.
akjim?? What do you think
akjim?? What do you think the American Jobs Act meant to the 3+ million unemployed people this country?
The Republicans should be doing what ever it takes to get people back to work in this country they should have voted for the American Jobs Act.
We need to invest in the people in this country, in education and in our infrastructure, NOT the OIL industry!
There is plenty of money, there is plenty of work that needs to be done and there are plenty of people that want to work.
Also there was a survey done by the Nat'l Federation of Businesses, the response from businesses was that from 2008 forward, there had been no increase in regulations, and that the burden of regulations was less than it was in 1990 when the economy was doing great.
If folks like Wren here do not figure this stuff out then these types of folk will vote for the same people that will keep us all TIED to a Political System that works for the 1% in this country.
We have to get money out of Politics, repeal Citizen United ( corp. are people) and have public funding of elections. Email or call your reps today and let them know we want change.
Need non-gov't jobs now
Unless your head has been in a snowbank, this country is broke. The Fed just borrowed more today to keep the gov't running. These eco nuts have no concept of reality. Great, make the entire Chukchi Sea a preserve. A question...how do we defend it? The arctic is the new frontier (also future battle ground) and we better have a way to defend what's ours. Obama's jobs act?? He's borrowing money to employ some policemen, firemen, and teachers for 3 years. Not what I call job growth.
How many of your Tax Dollars
How many of your Tax Dollars are going towards catering the oil and gas industry or other industries like timber and mining?
How much does our government collect in royalties? How is this money used by our Government? Is it used to benefit YOU or these industries?
Our government spends billions catering the oil, gas, mining, timber industries and does not collect near the value of the resources and the money that is collected is used to develop valuable "public land" that benefits industry.
Dont you think we should using and raising revenue to invest in The People of this country and not the 1%?
Have your wages gone up latley to cover the rise in your heating bill or food costs, or medical bills??
But profits and wages have gone up for industry and for the 1% in this country by 200 - 300%.
Why? Our Government, our political system, has been bought and sold by the lobbyists of industry.
Well...
Unions were great back in the day. Then they got greedy and killed the auto industry. Now it's cheaper to build a vehicle in Asia and ship it over than it is to manufacture here. That is fact. When unions improve living, they are good. When unions kill jobs and ship them overseas, they are bad.
@wren: you understand that
@wren: you understand that the jobs overseas are [filtered word], right? Do you want us to have a bunch of jobs over here but live [filtered word] lives? Is that your goal? Because if it isn't, then your argument is invalid. Unions don't cause jobs to be shipped overseas, unethical corporate leadership and relaxed tariffs cause them to be shipped overseas.
Juneau Empire
It seems that the whole moderation conundrum that frustrated a lot of us has been fixed. That's good news. More good discussion online!
oil
This wouldn't be an issue if we could move away from fossil fuels to other forms of energy, green energy.
p.s., Thank GOD for unions! When unions are strong, America's middle class is strong.