August 2013 - Parks & Recreation - 32

L AW R E V I E W

than 15 wells would be drilled within
the next 15-20 years.
Based on findings in the EIS, BLM
established certain management requirements for activities and projects
expected to take place on the lands at
issue, including mitigation requirements and oil and gas stipulations
that would be applied to new leases
issued. These stipulations and conditions included measures to protect
endangered, threatened and other
special-status species, as well as water
and air quality.

ological Diversity, Monterey County,
the U.S. Fish and Wildlife Service
Ventura Field Office, the Ventana
Conservation and Land Trust, the
Grassroots Coalition and the National Resources Defense Council
(NRDC).
Many comments centered on the
potential effects of fracking. In June
2011, having considered and addressed the public comments it received, BLM issued its final EA. The
EA did not discuss fracking in great
detail beyond noting that it was " not

The EA did not discuss fracking in great detail
beyond noting that it was " not relevant to the
analysis of impacts... "
Several years later, in response to
expressions of interest from members
of the oil and gas industry, BLM proposed a competitive oil and gas lease
sale for approximately 2,700 acres of
the area covered by the earlier EIS. In
conjunction with this proposal, BLM
issued a corresponding draft EA.
During the 36-day public comment
period for the EA, BLM received
comments from several individuals,
agencies and organizations, including the Sierra Club, the Center for Bi-

Parks & Recreation

relevant to the analysis of impacts...
because the reasonable foreseeable
development scenario anticipates very
little (if any) disturbance to the human
environment. " BLM decided to delay
its analysis of the impacts of fracking
until applications for a permit to drill
were submitted. According to BLM,
analyzing site-specific impacts would
be more feasible at that time.
The EA did, however, briefly discuss " existing credible scientific evidence " concerning fracking, includ-

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ing a 2010 quote from the U.S. House
of Representatives Appropriation
Conference Committee, which identified the need for a focused study on
the potential impact of fracking on
" drinking water, human health and
the environment. "
In March 2010, the EPA announced
that it would study the potential impacts of fracking on drinking water,
and that although so far there was no
direct evidence of contamination of
drinking water due to fracking, there
is potential risk for contamination
because fracking brings certain fluid
chemicals and naturally occurring
materials in the geologic formation
to the surface where they could mix
with water sources.
Relying on the analysis contained
within the EA, in June 2011, BLM executed a FONSI, i.e., the proposed action would not result in any significant
environmental impact requiring further
analysis under NEPA. Following issuance of the final EA and FONSI, BLM
issued its decision to offer eight parcels
encompassing 2,703 acres for competitive oil and gas lease auction. In so doing, BLM emphasized once again that
a further NEPA review would be conducted when applications to drill were
received for particular leases.
Lease Sale Protests
Before the BLM lease sale took place,
environmental groups and nearby
municipalities expressed concern
over the potential impacts of the lease
sale. The lease areas within Monterey
County are part of the Salinas River
watershed and play an important role
in recharging freshwater aquifers. In
a letter to BLM, Monterey County
voiced its concerns about substantive
deficiencies in the EA, including " the
potential to induce seismic activity
and the lack of scientific study relat-

August 2013 - Parks & Recreation

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