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County lawyers urge cautious acceptance of BLM cooperative status in Denbury test-well dispute
Summary
County counsel told commissioners they could accept BLM's offer to recognize Carter County as a cooperative agency going forward but should insist that any activity beyond the initial test well trigger an environmental impact statement and keep open the option to appeal Denbury's easement approvals.
County attorneys recommended on Jan. 21 that Carter County accept a limited cooperative-agency role with the Bureau of Land Management while pressing for stronger environmental review of any project beyond a single test well.
Corbett Harrington, the county's attorney, briefed the commission on recent communications with BLM and the Environmental Protection Agency about an appeal filed by Denbury. Harrington said BLM appears prepared to recognize the county as a cooperative agency "from this point forward," but that status alone "doesn't necessarily mean much" unless the county secures a commitment that anything beyond the initial test well would require an environmental impact statement (EIS).
Harrington advised the board that the county's best negotiating posture is to accept cooperative status while demanding that future, broader authorizations be subject to an EIS so the county can participate meaningfully. He told commissioners the county could either give negotiators authority to reach an agreement and report back, or reserve final decision-making for the commission after negotiations.
The attorney explained there is an active appeal by Denbury that asks BLM to grant broader easements, and said the county's counterargument will stress the need for more comprehensive environmental review and earlier notification. "We will be included as a cooperative agency for any other discussions on this deal and for any other decisions," Harrington said, adding that the county's aim is to be "at the table" for future reviews.
Commissioners asked to delay any final commitment until a later meeting when Commissioner Rod (not present) can participate; Harrington said staff would continue discussions with the BLM solicitor general and EPA but that any conversations this week would be theoretical unless the commission later authorized a position.
Next steps: commissioners directed staff and counsel to continue talks with federal agencies and scheduled a briefing on the matter for the Jan. 30 meeting so the full board can review any proposals and decide whether to grant negotiating authority or reserve final approval.
