Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Commissioners discuss BLM cooperative-agency exclusion and possible appeal; county to seek EPA engagement and state records
Summary
County advisors reported that the BLM declined cooperating-agency status on a proposed well project; staff and advisors said they'll pursue the field solicitor for clarification, request cooperating-agency status from the regional EPA, check state land-board records and prepare to file an administrative appeal to the Interior Board of Land Appeals if necessary.
Participants discussed a multi-county effort to secure cooperating-agency status with the Bureau of Land Management (BLM) for review of a proposed test well and associated access. Wally (identified in the meeting) said he had sent a letter to the BLM field solicitor requesting information about who was consulted and why the county was not named a cooperating agency; he reported limited responsiveness from the solicitor's office because of staffing shortages and a potential hiring freeze.
Attorneys and advisers on the call described two legal avenues: (1) ask the BLM and the regional EPA to treat the county as a cooperating agency to gain scoping and mitigation influence during any environmental analysis; or (2) if that fails, file an administrative appeal (Interior Board of Land Appeals or IVLA) to challenge the BLM's procedural choice. Commissioners and advisers discussed the FONSI (finding of no significant impact) that had been issued for a road lease segment and the distinction between an EA (environmental assessment) vs an EIS (environmental impact statement). Advisors noted that an improperly excluded cooperating agency can create grounds for procedural challenge; timelines (often 30 days) apply to some protest and appeal paths and county staff flagged that the federal budget/status calendar may complicate responses in the near term.
The board directed staff and counsel to: (1) continue trying to contact the field solicitor's office; (2) send letters to the regional EPA requesting cooperating-agency status or at least engagement; (3) search state land-board and DNRC records for easement/lease documents regarding the test well sited on state land; and (4) prepare to file a formal appeal if the solicitor's office does not respond by the commission's next meeting (the thirtieth). No formal vote was taken; the group agreed on these next steps.
