Hill Heat

Despite opposition from environmental organizations and Democrats in Congress, the Minerals Management Service is proceeding with its scheduled sale of offshore drilling leases in the Chukchi Sea at 9 AM Alaska time (1 PM EST). FWS chief Dale Hall failed to make the February 6 deadline despite his testimony to the Senate Environment and Public Works Committee last week that he was “pushing to get there.”

A Los Angeles Times op-ed penned last weekend by MMS director Randall Luthi, The Bear Necessities, defends the lease sale, claiming that “under the Marine Mammals Protection Act, the bear currently receives regulatory protections even stricter than those available under the Endangered Species Act.” This statement ignores the critical habitat provisions of the ESA which could prevent such actions as the lease sale.

Last week MMS officials sent a cease-and-desist order to Public Employees for Environmental Responsibility, who earlier published “a series of internal e-mails from current and former Interior scientists raising troubling questions about how badly environmental assessments of Arctic offshore oil development were skewed.”

The Alaska Wilderness League plans to live-blog the sale.

Update The sale has been completed, the 488 blocks selling for a total of over $2.6 billion.

Estimated reserves include 77 trillion cubic feet of conventionally recoverable natural gas (worth about $635 billion at $8/MMBtU) and 15 billion barrels of oil ($1.5 trillion at $100/barrel).

The winning bidders:

• Shell (Netherlands, $2.1 billion)
• ConocoPhilips (US, $506 million)
• Repsol (Spain, $14.4 million)
• Eni (Italy, $8.9 million)
• StatoilHydro (Norway, $14.4 million – most Statoil & Eni bids were joint bids)

As StatoilHydro noted in its press release, “The area is considered a frontier area with no production or infrastructure as of today.”

Senate Hearing

In today’s Senate Environment and Public Works Committee hearing on the Fish and Wildlife Service’s now-illegal delay in ruling whether polar bears are an endangered species, Sen. Boxer (D-Calif.) sharply rebuked the FWS director Dale Hall. She noted that the Alaska field office sent a recommended decision to Hall on December 14th of last year. Hall refused to discuss the recommendation, saying it would be “inappropriate” to discuss internal deliberations.

Hall gave as his only reason for the delay past the January 8 deadline the need to present a “high-quality” decision that responds in full to the voluminous public comments received. He stated that there was no significant scientific uncertainty in the endangerment posed by global warming to polar bears, the only reason for delay the Endangered Species Act permits. Under repeated questioning from Sens. Boxer and Lautenberg (D-N.J.), Hall said he wanted to present a decision, if possible, by February 6th.

Hall noted that in many ways the Marine Mammals Protection Act provides stronger protection than the Endangered Species Act for polar bears even if a finding of endangerment were made – a claim criticized by Andrew Wetzler of NRDC, who noted that the MMPA does nothing to protect critical habitat, the matter which would affect the planned sale of drilling rights in the Chukchi Sea.

MMS Speaks

On that front, Ben Gemen reports for E&E News that Minerals Managment Service director Randall Luthi said any delay of the scheduled February 6 sale of Chukchi Sea leases would prevent any oil-and-gas exploration in 2008. However, he also stated that the agency position is that:

there is no need for a delay, regardless of what FWS decides. He said that even in the absence of a listing, energy development is accompanied by several layers of environmental review and safeguards, including collaboration with FWS and the National Marine Fisheries Service.

Kerry Moves to Block

Meanwhile, Sen. Kerry (D-Mass.) introduced legislation yesterday that would block lease sales in the Arctic until Endangered Species Act decisions are made on the polar bear and its critical habitat, mirroring Rep. Markey’s (D-Mass.) proposed legislation in the House.

Internal Emails Show MMS Staff Outcry

Finally, Public Employees for Environmental Responsibility has released over the past week communications from MMS scientists pleading with the political appointees to delay the lease sale (contrary to Luthi’s January 17th testimony) and DOI directives forbidding MMS scientists to consider the possible threat of invasive species from opening the seas to drilling.

Witnesses

Panel I

• FWS Director Dale Hall

Panel II

• Andrew Wetzler, Natural Resources Defense Council
• Margaret Williams, World Wildlife Fund
• Brendan Kelly, University of Alaska
• Richard Glenn, Alaskan Arctic resident and sea ice geologist
• J. Scott Armstrong, University of Pennsylvania Wharton School

30/01/2008 at 10:00AM

Rep. Edward Markey (D-Mass.) has released the text of legislation which, if enacted, would forbid the sale of off-shore drilling rights in the Chukchi Sea, which includes polar bear habitat, until the U.S. Fish and Wildlife Service makes its long-delayed determination whether the polar bear is endangered and what its critical habitat is.

At today’s hearing, FWS director Dale Hill made it clear that he recognizes that the polar bear is definitely losing habitat and has been delaying his determination to make it “clear”; he also stated, “We need to do something about climate change starting yesterday.”

Minerals Management Service Director Randall Luthi admitted that if the lease auction goes forward, it would be impossible to revoke the leases even if they are found to be in conflict with a later endangerment listing of the polar bear.

Chairman Edward J. Markey (D-Mass.) of the Select Committee on Energy Independence and Global Warming will question members of the Bush Administration regarding the delay of a decision to list polar bears under the Endangered Species Act until after a controversial lease sale for oil drilling off of Alaska. The hearing will also feature experts on wildlife protection and oil drilling.

Earlier this week, the Interior Department announced it would miss the statutory deadline to reach a decision on listing the polar bear under the Endangered Species Act (ESA), saying it would take up to a month more to reach the decision. That would put the listing decision one day after the sale of oil drilling rights in Alaska’s Chukchi Sea, scheduled for February 6th. The Chukchi Sea is a sensitive polar bear habitat.

In the most thorough study to date, the Interior Department determined that under current trends, disappearing sea ice would result in a two-thirds drop in the world population of polar bears resulting in the disappearance of polar bears from Alaska by 2050.

PANEL I

• Mr. Dale Hall, Director, Fish and Wildlife Service
• Mr. Randall Luthi, Director, Minerals Management Service
• Dr. Steven Amstrup, Polar Bear Team Leader, U.S. Geological Survey

PANEL II

• Ms. Jamie Rappaport Clark, Executive Vice President, Defenders of Wildlife
• Ms. Deborah Williams, President, Alaska Conservation Solutions
• Ms. Kassie Siegel, Director, Climate, Air and Energy Program, Center for Biological Diversity

17/01/2008 at 09:30AM

On Monday the U.S. Fish and Wildlife Service announced it would miss today’s deadline on determining whether to list the polar bear as an endangered species due to global warming-induced polar sea ice loss. As noted in Hill Heat, last week the administration announced its intent to sell off-shore drilling rights in polar bear habitat off Alaska.

Today the Center for Biological Diversity, NRDC, and Greenpeace announced they have filed a notice of intent to sue the administration.

This would be the second lawsuit filed over FWS delays; in 2005 the Center for Biological Diversity v. Kempthorne lawsuit to compel the FWS to respond to the request to start the polar bear listing process (the FWS ended up taking two years instead of the Endangered Species Act-mandated 90 days).