Posted on 05/06/2008 10:44:48 AM PDT by girlangler
Judge denies motion to block gas pipeline in Colorado roadless area
By Scott Condon The Aspen Times Aspen CO, Colorado May 2, 2008
ASPEN - Pitkin County and a coalition of environmental groups failed to get a temporary injunction to block a natural gas exploration company from constructing a pipeline through roadless areas of western Colorado.
A federal judge on Wednesday denied a motion for the injunction.
"The plaintiffs have not demonstrated a substantial likelihood that they will prevail eventually on the merits of their roadless rule or their National Environmental Protection Act claim," ruled U.S. District Judge Robert Blackburn in Denver.
The decision clears the way for work on the pipeline to start this month. Pitkin County officials fear the construction of that pipeline could trigger development of gas wells in western Pitkin County, outside of Carbondale. No new production wells have been drilled in Pitkin County since the gas boom started earlier this decade. However, thousands of acres of public lands have been leased to gas companies.
Wilderness Workshop, the oldest grassroots environmental group in the Roaring Fork Valley, is among the plaintiffs teamed with Pitkin County.
"It's disappointing, of course," Wilderness Workshop Executive Director Sloan Shoemaker said of the ruling. "We're considering what our options are."
The environmental coalition and Pitkin County filed a lawsuit in March against the U.S. Forest Service and Bureau of Land Management over their approval of the Bull Mountain Pipeline in Garfield County. The plaintiffs claimed the agencies violated federal law by approving a pipeline, which will require roads for construction, in a roadless area. A Texas firm called SGI Interests wants to build the pipeline through three roadless areas of national forest.
The federal agencies claimed that the pipeline would require temporary construction areas rather than roads, so there was no violation of the roadless rule. Blackburn ruled in their favor on that point.
The environmental groups and Pitkin County also argued that the pipeline would clear the way for more gas wells to be developed on public lands. They claimed the agencies didn't do any analysis of the environmental consequences of those new wells.
But Blackburn ruled that the pipeline was viable to serve existing wells. It will not automatically trigger drilling of new wells, he determined.
Pitkin County Assistant Attorney Chris Seldin said county officials feel it is much more likely gas wells will be developed if the pipeline is built. SGI holds 13 gas leases on 17,170 acres in Pitkin County, Shoemaker said. All those leases are within the White River National Forest.
The pipeline itself doesn't enter Pitkin County, but it would connect to existing pipelines. The Bull Mountain Pipeline would be 25.5 miles long and connect to a larger pipeline running near Interstate 70.
The judge concluded in his ruling that the plaintiffs "will suffer some irreparable injury" from construction of the 8 miles of the pipeline through roadless areas. "The 100-foot wide right-of-way will be stripped of trees and other vegetation and graded to accommodate construction vehicles," his ruling said. "Nine acres of spruce/fir old growth and 29 acres of aspen old growth will be removed, and generally trees will not be permitted to grow in the pipeline right-of-way."
That work could result in greater risk of erosion and turn land that is suitable as lynx habitat into unsuitable, the judge acknowledged. However, he said there was also a public interest in the construction of the pipeline and that SGI's economic interests would be harmed if the work didn't progress.
"I conclude that the balance of harms in this case is roughly a wash," the judge wrote.
His denial of the temporary injunction doesn't eliminate the lawsuit. However, the pipeline could be finished by the time the litigation is resolved. Seldin said the attorneys for the plaintiffs hadn't decided as of Thursday morning if they will appeal the decision. >
It’s about time one of these judges ruled in favor of consumers.
But, but what about the moose!!!
I posted this because currently the Democratic candidates for president are talking about their plans to address the high cost of gasoline/oil.
Candidate Hillary Clinton’s husband, as we all know,was involved in the lockup of millions of acres of land in the western U.S. as roadless areas, and it is ironic that the plaintiffs in this case are using roadless rules to stop this pipeline.
Anyway, just wanted to read the comments from our many intelligent freepers on this one.
No chopping wood, either, for warmth - that would promote destruction of their precious trees and also contribute to the lynx habitat destruction.
Then, after they've frozen their @sses off for a few months, make them go into Denver and work with the poor and destitute who already can't afford gas for heat, so they see the REAL HUMAN COST of their foolish and juvenile ideals.
Sanity from a judge?
Let’s hope it’s contagious.
Hmmmm, the "lynx fur" hoax again?
A total of 38 acres of trees along 8 miles of 100 ft. ROW is going to cause erosion and ruin lynx habitat?? I think not. No more than natural open "parks" in the national forests do. The cleared area will provide some areas for deer and elk grazing and lynx can observe/stalk from the cover of the adjacent trees.
WAHHHHHHHHHHHHHHHHHHHH!??????? Wow...chaulk one up for the good guys!
Here’s an interesting report from the The Campaign For America’s Wilderness.
New Report Spotlights Ten Wild Places at Risk
Ten Treasures in Trouble
Wild...For How Long? Ten Treasures in Trouble, looks at ten special wild areas from coast to coast, vulnerable today to mining, drilling, roadbuilding, logging, development and off-road vehicle abuse. The report, issued by the Campaign for America’s Wilderness, spotlights wild land at risk, but also those that are poised for wilderness designation, in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Pennsylvania, and West Virginia. The report also celebrates some of the local heroes working to protect these places they love. View the report [1] (5.8 MB).
Source URL (retrieved on 05/06/2008 - 2:04pm): http://www.leaveitwild.org/news/newsletter/issue/2008-05/more_information
Links:
[1] http://www.leaveitwild.org/docs/Ten_Treasures_4-08.pdf
All of the people behind this lawsuit should be forced to ride bicycles everywhere they go... permanently. They can lead by example.
Had they used the argument that the Polar Bears have become extinct in Colorado they may have had a chance.
Congatulations to U.S. District Judge Robert Blackburn, a federal judge with some common sense.
The Clinton administration and enviro nuts succeded in locking up millions of acres into roadless areas. In reality they wanted to bar entry of that land to the vast majority of humans and eliminate logging, mining or any commercial use of the land such as this pipeline, it is not realistic.
Wildlife and humans can get along fine on Forest Service and BLM lands, even with roads. In some instances it has even benefitted wildlife.
Clearing some forest areas benefits grazing animals. In dry areas guzzlers and water holes can be built and maintained for wildlife if roads are built.
The Bush administration has tried to reverse the no road policy in some areas only to be shot down by enviros and federal judges sympathetic to them.
The time will come when we’ll have to make use of our natural resources if it is not already here, it’s a matter of our survival, IMO.
Thanks for the ping. :)
the left is always running into a pinch, created by their action out of emotion rather than consequence.in the palm springs desert in CA,groups are rabid over the preservation of the golden eagle. my son working for GE,on the windmills there, found the windmills are killing golden eagles,he found eggs at the base with hatchlings,killed by the fall,from nests built on shaky foundation 90 ft up.adults hit by blades rarely survive.so, how does the loony left get out of this conundrum? birds or man? also my son says the wind generators are an ugly blight on an otherwise breathtaking valley
Neat that you mention eagles. I was outside about an hour ago landscaping my yard, and a bald eagle was flying low overhead, and circled over my yard several times (I live in a high elevation and in thick woods. I am also on a lake and we have quite a few eagles that nest here.
Yes, two years ago I was traveling out west and and saw a lot of those windmills. They look horrific, and I am sure they kill a lot of birds.
Good ruling but none of these groups should be allowed any standing in court so long as they oppose the construction of such infrastructure.
I agree Jaz, we have to end our dependence on foreign oil.
Also, I realize logging, mining, laying gas lines, etc., can be done without detriment to the wildlife.In fact logging is good for some wildlife.
I was actually cheering last year when the landowner next to me (private owner) logged his property. I may actually get to see some grouse now. And hopefully it will draw in wild turkeys, and many songbirds that depend on openings on the forest floor. The grouse populations here in the southeastern U.S. are about nonexistent now, since logging in the larger tracts of public land has been halted.
I hate to admit this (show my age) but I am old enough to remember the uproar the “environmentalists” caused in the 1970s over the pipeline in Alaska. You know, the one that was going to DESTROY the caribou herds there. The one that has led to an explosion in the caribou herd today (smile)
LOL! The caribou/pipeline fiasco is the best example of out of control radical enviros in our history that I can think of. They figured at the time it was a logical argument against the pipeline not having the slightest idea what the true facts would turn out to be. But they told everyone not to listen to scientific fact and the greedy oil company spokesmen because they wanted to rape the land for profit. The enviros don’t want to talk about that any longer. :-)
Wouldn’t that make a great campaign ad? Have a clip of Hillary talking about her plan to lower gas prices, then clips of Bill Clinton during all the fanfare at the time he signed the Roadless Act (whatever it was called).
Then, sprinkle in the clips of the “environmentalists” and their words about the caribou being destroyed in Alaska if the pipeline is (and now is) built, along with scientific data about the state of the caribou herd there today.
That would make a great campaign ad. The Rats are vulnerable on this energy thing after all the bills they have blocked or defeated for many years.
People are seeing the results of their stupidity every time they fill their tanks and pay a utilty bill with the constant raising of costs.
The Repubs should make this a priority campaign issue in this election from the White House down to the Congressional Districts.
The moose are about 100-150 miles NNE from the area in dispute. You know, about 50 miles east of the hundreds of acres of lodgepole pine knocked down by the jet stream about 10 years ago. The ones that rotted in place while the envirowackies file lawsuit after lawsuit to delay recovery.
Wild life loves open spaces full of grass for deer, elk, antelope...where eagles and hawks can catch their lunch too.
Bubba said no NEW roads then started closing existing roads.
On my numerous trips to the N.W. corner of Kansas, several times we chose to drive from the Kansas City Missouri airport.
Kansas as you probably know is flat as all get out and once you hit the interstate, there is nothing out there but prairie and fence posts. Never in my life have I ever seen so many hawks and eagles as I saw sitting on the fence posts lining the interstate clear across the state. It would be an understatement if I said we observed 2 of the predators for every mile we drove.........
Here in S.E. Michigan you can drive either I-94 or I-75 and see hawks literally every mile of highway you drive. I have even seen dead hawks on the shoulder side of I-94 in the heart of Detroit.............
It's the judges, stupid.
Is there any doubt that a corrupt, activist Democrat judge would have sided with the hate-America, anti-capitalist, Euro-socialists on this matter?
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