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Judge Sends Drilling Plan Near Bitter Lake Refuge Back to BLM – Government Rejects Industry Request to Ignore Impacts to Endange

Date
September 28, 2005
Contact
WildEarth Guardians
In This Release
Wildlife   Koster’s springsnail, Noel’s amphipod, Pecos assiminea
#EndangeredSpeciesAct
Wednesday, September 28, 2005
Judge Sends Drilling Plan Near Bitter Lake Refuge Back to BLM – Government Rejects Industry Request to Ignore Impacts to Endange

The U.S. Bureau of Land Management (BLM) will reconsider its drilling plan adjacent to Bitter Lake National Wildlife Refuge near Roswell in light of the recent listing of four unique springsnails and a freshwater shrimp under the Endangered Species Act.
Contact: WildEarth Guardians

Santa Fe, NM – The Interior Board of Land Appeals (IBLA) ruled last Thursday that the U.S. Bureau of Land Management (BLM) should reconsider its drilling plan adjacent to Bitter Lake National Wildlife Refuge near Roswell in light of the recent listing of four unique springsnails and a freshwater shrimp under the Endangered Species Act. Three of the species are found only on Bitter Lakes and nowhere else in the world.

“We’re pleased that the federal government is taking the necessary steps to examine how oil and gas drilling will harm these unique and endangered wildlife, the Bitter Lake refuge, and the irreplaceable aquifer on which they depend,” said Dr. Nicole Rosmarino of WildEarth Guardians.

WildEarth Guardians originally brought its case against the drilling plan over two years ago based on concerns that drilling would harm the endangered Pecos gambusia (a fish). The BLM requested a remand of the case, given the listing of the four endangered invertebrates, and WildEarth Guardians agreed with the need for a remand. The Yates Corporation, which intervened in WildEarth Guardians’ original appeal, opposed the BLM’s request for a remand and has opposed some drilling stipulations designed to reduce the potential for contamination of the groundwater source for Bitter Lake.

The risk from drilling to water resources, such as those at Bitter Lake National Wildlife Refuge and Otero Mesa, is a concern that motivated Governor Bill Richardson to push for environmental safeguards for oil and gas operations. On Monday, Richardson announced a crackdown on oil and gas operations which pose a threat to New Mexico’s water, land, and public health.

For example, since 1994 there have been at least five separate incidents where oil and gas development has resulted in spillage onto and adjacent to the refuge. Yet, the Yates Corporation has challenged some BLM drilling stipulations near the refuge that are designed to reduce the likelihood of groundwater contamination. The Yates Corporation is also behind efforts to open Otero Mesa up to more oil and gas drilling and has complained about environmental safeguards in that area, which is noted for its abundant and high-quality groundwater supply.

“We’re alarmed that Yates has fought drilling stipulations so hard despite the risk of contamination of the Bitter Lake Refuge,” stated Rosmarino.

In the Bitter Lake case, Yates urged IBLA to reject BLM’s request to further review impacts on endangered species as, in Yates’ opinion, “no further consultation or restrictions on oil and gas activities are required” from the listing of the endangered snails and shrimp on the refuge. However, the listing rule for those species stated that, “oil and gas production and distribution continue to threaten the four invertebrates” and the BLM’s plan to allow drilling adjacent to Bitter Lakes “does not eliminate the threat of oil and gas activities on these [four endangered] species.” IBLA sided with BLM and WildEarth Guardians, agreeing that a remand to BLM was appropriate.

Background:

WildEarth Guardians’ actions are part of its campaign to protect key wildlife areas and safeguard wildlife and plants on the brink of extinction. Bitter Lake Refuge, whose unique features include sinkholes, playa lakes, seeps, and gypsum springs fed by an underground river, provides habitat to rare invertebrates and plants as well as 485 wildlife species. Earlier this week, WildEarth Guardians filed a lawsuit to obtain critical habitat protection for the Pecos Sunflower, a major population of which exists on Bitter Lake National Wildlife Refuge, and which would also be at risk from oil and gas drilling on lands adjacent to the refuge. The listing of the four endangered invertebrates was obtained through a court settlement resulting from litigation by WildEarth Guardians and the Center for Biological Diversity.

 

Other Contact
"We're pleased that the federal government is taking the necessary steps to examine how oil and gas drilling will harm these unique and endangered wildlife, the Bitter Lake refuge, and the irreplaceable aquifer on which they depend," said Dr. Nicole Rosmarino of WildEarth Guardians.