February 23 Colorado Energy Cheat Sheet: Conflicting views over Colorado CPP prep; Gold King Mine persists for Navajo Nation

February 23, 2016 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legal, renewable energy, solar energy, wind energy 

An E&E story ‘Colo. steps back from crafting formal plan for EPA rule’ might give readers pause, thinking that the Colorado Department of Public Health and Environment was backing off its previous statement to proceed with “prudent” Clean Power Plan development even as a stay from the U.S. Supreme Court was in effect (paywall):

Colorado officials said yesterday they believe it is “prudent” for the state to keep working toward power plant carbon emissions reductions despite a recent Supreme Court ruling to freeze a key federal climate change regulation.

But the state’s original path toward meeting U.S. EPA’s Clean Power Plan goals will be recharted, officials declared at Colorado’s first public meeting about the regulation since the court stay.

“We don’t think it is appropriate at this point to continue drafting a full state plan,” said Chris Colclasure of the Colorado Department of Public Health and Environment’s Air Pollution Control Division. “There’s just too much uncertainty for that.”

Colclasure said the decision to stop work on developing a full compliance plan is part of an effort in smart time management.

“We want to take any steps that we can to put Colorado in the best position given the uncertainty so that when the Supreme Court gives us a ruling, we have used that time effectively,” he said.

The state is “trying to identify actions that we can take that will have benefits regardless of the outcome of the litigation,” Colclasure said, adding that “we don’t want to waste time, either, by having people work on activities that wind up being irrelevant.”

This would include whether to cancel, reschedule, or rework meetings already on the CDPHE agenda for this spring.

A generous reading would see CDPHE’s declarations as a revision or walk-back of its post stay bravado to carry on with CPP preparation at the state level. But there might be no walk-back, but some verbal gymnastics designed to throw off possible legislative action this session or to see other reasons (not just “we should do something anyway because it’s a good thing”) like the state’s own impending 2020 renewable energy standards or Governor John Hickenlooper’s 2015 Colorado Climate Plan.

Meanwhile, at least 17 other states’ governors have signed a bipartisan pledge to promote a “new energy future” as CPP litigation continues.

An amicus brief filed by 34 Senators and 171 Representatives supporting the CPP lawsuit:

WASHINGTON – Led by U.S. Senate Majority Leader Mitch McConnell (R-Ky.), Senate Environment and Public Works Committee Chairman Jim Inhofe (R-Okla.), House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) and House Energy and Power Subcommittee Chairman Ed Whitfield (R-Ky.), 34 Senators and 171 House Members filed an amicus brief today in the case of State of West Virginia, et al. v. Environmental Protection Agency, et al.

The amicus brief is in support of petitions filed by 27 states seeking to overturn the EPA final rule identified as the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, EPA-HQ-OAR-2013-0602, 80 Fed. Reg. 64,662 (Oct. 23, 2015), also known as the “Clean Power Plan.” A copy of the brief can be found here.

As Senators and Representatives duly elected to serve in the Congress of the United States in which “all legislative Powers” granted by the Constitution are vested, the members state that:

The Final Rule goes well beyond the clear statutory directive by, among other things, requiring States to submit, for approval, state or regional energy plans to meet EPA’s predetermined CO2 mandates for their electricity sector. In reality, if Congress desired to give EPA sweeping authority to transform the nation’s electricity sector, Congress would have provided for that unprecedented power in detailed legislation. Indeed, when an agency seeks to make “decisions of vast ‘economic and political significance’” under a “long-extant statute,” it must point to a “clear” statement from Congress. Util. Air Regulatory Grp. v. EPA, 134 S. Ct. 2427, 2444 (2014) (quoting FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 160, 529 U. S. Ct. 1291, 1315 (2000)). EPA can point to no statement of congressional authorization for the Final Rule’s central features, precisely because there is none.

Gov. Hickenlooper defended his views about the CPP on CPR: ignoring SCOTUS stay to do a Colorado approach–more wind, more solar–”I think we do have a responsibility to go to those communities and see what we can do to try and find new businesses or be able to retrain some of the miners so that that community doesn’t suffer so much economically.”

“We really can have inexpensive electrical generation and clean air at the same time,” said Hickenlooper.

That “responsibility” Hickenlooper outlined will be tested, as coal communities see economic upheaval already:

The downward slide continued for Colorado’s coal industry in 2015, highlighted by production at Routt County’s Twentymile Mine, which was down 38 percent.

Statewide, production in Colorado was down 18.5 percent, with 18.7 million tons, the lowest amount of coal mined in 23 years.

In Moffat County, production at the Trapper Mine was actually up nine percent, with 2.1 million tons. At Colowyo Mine, production was down six percent at 2.3 million tons.

Colorado Mining Association President Stuart Sanderson said the drop in production is a result of lower demand, but it was not caused by natural market forces.

“What we are seeing is the direct result of government regulations that are designed to drive coal out of the energy mix,” Sanderson said.

Sanderson pointed to the 2010 Clean Air Clean Jobs fuel-switching bill from coal to natural gas.

“Moving forward, there is no question that the companies are suffering from this absurd action by the government to put hardworking men and women out of work,” Sanderson said.

In other words, mining communities aren’t just suffering economically, they’re suffering governmentally.

***

At the “Lifting the Oil Export Ban” event, Democratic Rep. Ed Perlmutter indicated support for a 5-10 cent gas tax hike as an “investment”–as he “comes from a construction family” (51:00 mark):

***

The Gold King Mine spill prompted by the Environmental Protection Agency still has lingering effects in Navajo Nation areas south of Colorado:

Millions of gallons of contamination from heavy metals flowed from the Animas River in Colorado into the San Juan River in New Mexico, threatening their economy and their spiritual way of life.

Joe Ben Jr. is a farmer and representative to the Navajo Nation board. He walked with CBS4 Investigator Rick Sallinger through corn stalks in a field.

“This corn should normally be higher than 6 feet, it’s about 4 feet,” Ben said.

With sadness he told of how they shut off the irrigation water when they heard the toxic plume was coming and still haven’t turned it back on. Some 550 indigenous Navajo farmers in the region have felt the impact. Ben says farming is an art in their culture for those who live off the land.

Among them is Earl Yazzie and his family. He can only bundle up what remains of what might have been a bountiful harvest. The mine spill took a toll on his farm. He estimates the loss at $10,000.

The U.S. Chamber of Commerce asked–“What if a business did this?”:

If this were a private business, EPA would never have accepted this answer. It would have decried such behavior as “cutting corners” and rushing ahead with little regard to safety and the environment. Fines would’ve been issued.

Just like when EPA fined an oil exploration company $30,500 only a few days before the Gold King Mine spill for leaking 500 gallons of well testing fluids on Alaska’s North Slope. EPA allowed 6,000 times that amount of material to pour into a river. Will EPA (i.e. taxpayers) fork over $183 million in fines?

Last year, Administrator Gina McCarthy said EPA will be held accountable for the spill:

“We are going to be fully accountable for this in a transparent way,” she said at a press conference. “The EPA takes full responsibility for this incident. No agency could be more upset.”

When asked if the EPA will investigate itself as vigorously as it would a private company, McCarthy said, “We will hold ourselves to a higher standard than anybody else.”

On the transparency front, EPA is lacking. As noted above, Griswold’s email about water pressure concerns wasn’t included in EPA’s December 2015 report. Also, committee members are subpoenaing the Interior Department and the Army Corps of Engineers for more documents about the spill, because they don’t think the agencies have been forthcoming.

As for holding itself to a higher standard, that’s yet to be seen six months after the spill.

A House committee is seeking Interior Department documents in the Gold King Mine incident and the subsequent post-spill investigation:

Sally Jewell was ordered Wednesday by the U.S. House Committee on Natural Resources to produce a long list of records and correspondences by the end of next week.

Specifically, the committee wants information about how investigators under Jewell worked with the Army Corps of Engineers to peer review the report.

The committee’s chair, Rep. Rob Bishop, R-Utah, said the Department of Interior has interfered with his requests for information on how the Gold King Mine report was compiled.

Bishop says the DOI has tried to block records showing the Army Corps of Engineers had “serious reservations about the scope and veracity” of the interior department’s review.

Army Corps records were also subpoenaed Wednesday.

Meanwhile, CDPHE sees the Gold King Mine spill as the impetus for action on other mines around the state:

SILVERTON —Of the 230 inactive mines the state recognized six months ago as causing the worst damage to Colorado waterways, state officials say 148 have not been fully evaluated.

The Colorado Department of Public Health and Environment has cobbled together $300,000 for an “inventory initiative” to round up records and set priorities. The agency is enlisting help from the Colorado Geological Survey at the Colorado School of Mines.

Colorado officials hope attention on the Animas River after the EPA-triggered spill at the Gold King Mine in August will spur action at scores of other inactive mines contaminating waterways. After the disaster, the state identified the worst 230 leaking mines draining into creeks and rivers.

There are an estimated 23,000 inactive mines in Colorado and 500,000 around the West. State officials estimate mining wastewater causes 89 percent of the harm to thousands of miles of waterways statewide.

October 22 Colorado Energy Cheat Sheet: Another CO mine faces WildEarth Guardians Lawsuit; EPA panel in GJ draws large crowd; regulatory freeze as part of debt ceiling debate?

UPDATE–Clean Power Plan rule will be published in Friday’s Federal Register, opening the door for multi-state lawsuits over the next two months:

CLEAN POWER PLAN – LADIES AND GENTLEMEN, START YOUR ENGINES: EPA’s carbon rule for power plants will formally be published in tomorrow’s The Federal Register, according to a pre-publication notice that showed up this morning. That means tomorrow kicks off the 60-day clock to sue over the rule. Expect the first suits to be filed shortly after the court opens for business Friday.

The Clean Power Plan, covering existing power plants, is available here. The rule for new, modified and reconstructed power plants is here. And the proposed federal implementation plan, set for finalization next year, is available here.

Just in time, environmentalists are holding a press call this morning outlining a legal defense for the rule. Meanwhile, the House Energy and Power Subcommittee also just happens to be holding a hearing this afternoon on CPP legal issues – and the witness list includes Elbert Lin, West Virginia’s solicitor general and likely one of the people who will argue against the rule in front of judges down the line.

As Alex Guillen reports this morning for Pros, “The timing of the rules’ publication , nearly three months after President Barack Obama rolled them out at the White House, makes it unlikely that a court will act to block them ahead of December’s Paris talks, where some 200 nations will gather to hash out a pact to address climate change.”

More to come.

***

Another Colorado mine is facing a lawsuit from the WildEarth Guardians, but this time, the communities of western Colorado are preparing ahead of time:

MAKE A STAND

Each day, thousands of rural Coloradans, small businesses, schools and farms rely on the clean, low-cost energy fueled by Trapper Mine’s nearly 200 employees. For more than three decades, Trapper has provided affordable energy across the West, jobs to hundreds of families and vast civic and economic benefits to our northwestern Colorado community.

Now, we need our community to Stand with Trapper.

On October 29, from 4 to 8 p.m., the federal Office of Surface Mining will host a public meeting to gather public comments on the scope of an environmental assessment the agency will prepare in response to a lawsuit brought by WildEarth Guardians. The October 29 public meeting includes a comment period through November 12 to further gather input. All public comments during this phase are due to OSM no later than November 12—and must be in written form.

The agency’s completion of this assessment is vital to Trapper’s future.

We ask that you attend this meeting and provide support for Trapper’s workers and their families, the positive impact Trapper makes to the community, the mine’s nationally recognized environmental stewardship and reclamation efforts—and its commitment to providing affordable and reliable energy.

The public meeting will be held October 29, from 4 to 8 p.m., at the Moffat County Fairgrounds’ Pavilion Building. The event will provide an opportunity to ask questions andmeet with OSM and Trapper representatives and to provide written comments on the environmental assessment.

Community members can also provide written comments via email and written letters to OSM. For more information and to submit comments, please click here.

Thank you for Standing with Trapper.

Screen Shot 2015-10-21 at 10.49.23 PM

More on the public comment:

Bill Ray, public information officer for Trapper, said Moffat County’s attendance at the meeting and participation throughout the comment process is crucial.

“This process is vital to Trapper’s future, and we believe to the community’s future,” he said. “We encourage community members to come to the meeting, to provide written comments and to stand with Trapper.”

Ray said throughout the comment period, Trapper would continue to work with the community to help it stay informed. Future public meetings organized by Trapper are a possibility but none have been scheduled so far.

Chris Holmes, public affairs specialist for OSMRE, said all comments are accepted but substantive ones are the most useful.

“The comments that we look for are those that have carefully examined all the issues, looked at the specific permit that’s in question and the revisions,” he said. “Substantive comments are what carry the most weight.”

***

Could the debt ceiling provide a mechanism for pushback against regulatory overreach and “midnight” regulations promulgated between next year’s election and the new President’s inauguration? A proposal from the Republican Study Committee called “Terms of Credit: Budget, Work, Grow”:

Grow: In order to give firms and workers certainty and allow the economy to grow, freeze all
regulations until July 1, 2017.
• Current freeze – Prohibit any significant regulatory action through July 1, 2017, subject to
health, safety, and national security waivers
• No midnight rules – Prohibit any new regulatory action between the date of a presidential
election and the next inauguration, again subject to health, safety, and national security
waivers

You can view the bill summary here, and the full text of the bill here.

The freeze on regulations would include the Environmental Protection Agency’s Clean Power Plan. More to come.

***

Dan Haley, president and CEO of the Colorado Oil and Gas Association, has an op-ed in The Hill calling for the U.S. to allow crude oil exports, with Colorado taking a lead:

In my state of Colorado, this is not a partisan issue but one of common sense and business opportunity. Colorado Governor John Hickenlooper, a Democrat, and Senator Cory Gardner, a Republican, both support lifting the ban. Plus, with Reps. Ken Buck (R), Mike Coffman (R), Doug Lamborn (R), Ed Perlmutter (D) and Scott Tipton (R) all voting to dump this outdated policy, once again we see Colorado as a leading bipartisan voice for this issue.

Colorado’s elected officials understand the world, and our economy, have changed greatly since the 1973 Arab oil embargo led Congress to pass the ban on U.S. oil exports in nearly all circumstances.

In today’s world, oil and liquefied natural gas (LNG) exports offer a path away from OPEC domination of the world’s energy markets. Unstable regimes in Russia and the Middle East should not be allowed to hold such sway over the international market. Increasing U.S. production and exports strengthens our country’s energy independence and national security and benefits our allies across the globe.

While opponents of lifting the ban argue that it could raise the price of gasoline studies have clearly shown the opposite is actually true. According to the U.S. government’s Energy Information Administration, exporting U.S. oil would encourage more production while opening up new markets which can further ease the prices at the pump with the additional supply.

Lifting the export ban is a major opportunity for this country and one that should not be missed. It is time that we cement our nation as the global energy leader it is destined to be and create thousands of well-paying American jobs in the process.

But Garfield County is not optimistic about immediate development, thanks to new oil and gas regulations, and activists are happy for the additional red tape:

Garfield County commissioners are worried that proposed new state rules to address conflicts between oil and gas development and neighborhoods could unduly drag out how long it takes companies to get approval to drill.

“It adds a year to the process,” Garfield Commissioner Tom Jankovsky said Monday about a proposed local government consultation process, echoing a concern also raised by Commissioner John Martin.

Jankovsky said the proposal could add $500,000 to $1 million to the cost of developing a well pad.

But Leslie Robinson, president of the Grand Valley Citizens Alliance, said the extra time is warranted to address concerns such as the possible impacts of drilling to the thousands of residents in Battlement Mesa.

“It should go through this long process,” she told commissioners.

The commissioners are working to submit comments to the Colorado Oil and Gas Conservation Commission as that agency prepares to act on two recommendations of a recent state task force. The agency is looking to require energy companies to consult with the affected local government when proposing a large drilling operation near an urban residential area, and require companies to provide long-term drilling plans to local governments.

***

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(Former PUC chair Ray Gifford offers details about the EPA’s Clean Power Plan, photo courtesy of Colorado Senate GOP)
About 100 people on Colorado’s western slope attended a panel on the coming storm of EPA regulations, co-sponsored by the Independence Institute, the National Federation of Independent Businesses, Americans for Prosperity, and the Colorado Senate Republicans:

The U.S. Environmental Protection Agency’s proposed Clean Power Plan would have long-term negative impacts on the nation’s coal industry if it survives a legal challenge, one expert on the issue said on Tuesday.

At a one-sided forum sponsored by several right-leaning groups, Denver attorney and former Colorado Public Utilities Commission chairman Ray Gifford told about 100 Western Slope residents and government officials the impact the plan would have on coal-fired power plants specifically, and the coal industry in general.

Under the plan, which is to become official in the next few weeks but doesn’t fully go into effect for a few years, states would be required to reduce ozone emissions from power plants by 32 percent of 2005 levels by 2030.

States would have to come up with their own plans for achieving that goal by the end of next year, but can request a two-year extension if they can show they are making “substantial progress” toward a viable plan, Gifford said.

While he and others questioned whether the EPA has the legal authority to implement such a plan — lawsuits have already been filed challenging it — Gifford also said the federal agency is playing loose and easy with the facts behind the idea.

“The state lawsuit is essentially going to say that the EPA has vastly exceeded its authority, which is true,” Gifford said. “It’s undertaken a rule of scope and scale that’s never been contemplated before essentially by taking over the nation’s electric grid and dictating the change by 2030, and the assumptions that it uses are arbitrary and capricious, which are the legal magic words. How that (lawsuit) goes is anybody’s guess.”

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(NFIB’s Tony Gagliardi gives an update on the Waters of the United States rule (l-r: Gifford, State Sen. Ray Scott, R-Grand Junction, photo courtesy of Colorado Senate GOP)

Two more EPA panels will be held next week–Wednesday October 28 in Pueblo, and Thursday October 29 in Denver.

***

An additional 500-600 gallons of orange water is being emitted from the Gold King Mine every minute since the August blowout, costing taxpayers nearly $15 million and prompting more calls for “Good Samaritan” legislation:

The Aug. 5 blowout at the Gold King Mine created memorable images of orange water that flowed from Colorado’s Animas River into the San Juan River in New Mexico and Utah. Clean-up has cost taxpayers $14.5 million and counting. But some say spills like this aren’t the main concern.

“Blowout scenarios — they are impressive, they get a lot of attention, they are probably not the biggest issue,” said Peter Butler, co-chair of the Animas River Stakeholders Group. “The biggest issue is more the continuous metal loading that comes from the mining sites.”

Take the site of the Gold King Mine spill. Construction crews have now finished a $1.5 million temporary wastewater treatment plant for the Gold King Mine. EPA on-scene coordinator Steven Way explains that 500 to 600 gallons of orange water has continued to gush out of the mine since last August.

But that facility is only handling water from the Gold King Mine. It’s not treating water from two additional old mines and an underground tunnel that are draining another 500 gallons of wastewater every minute.

The Animas River isn’t the only Colorado river running orange.

***

Speaking of water–another Front Range vs. rest-of-the-state battle is shaping up over the precious resource:

Objections from Front Range cities are forcing state officials to make a last-minute overhaul of Colorado’s water plan and pledge to build new reservoirs that enable population growth.

Aurora, Colorado Springs, Denver and Northern Colorado Water Conservancy District providers also are demanding that the state detail plans for the diversion of more water across mountains to the Front Range.

That puts them at odds with Western Slope residents, who Tuesday weighed in with their own demand that Gov. John Hickenlooper block diversion of more water.

The Colorado Water Plan, 30 months in the making, spells out how the state intends to supply water for the 10 million people projected to live in the state by 2050. Hickenlooper has ordered the Colorado Water Conservation Board to complete the plan by Dec. 10.

***

The solar energy industry blames think tanks and utilities (and the fossil fuel companies that fund them) for its poor market performance in a new report:

After years of rapid growth, Colorado’s once red-hot solar energy industry has faded recently, according to a new report from Environment Colorado, which blames fossil fuel-funded think tanks and utilities for raining on the state’s solar parade.

According to “Blocking the Sun: 12 Utilities and Fossil Fuel Interests That Are Undermining American Solar Power,” Colorado’s solar power capacity increased 44 percent a year from 2010 to 2013, but then dropped dramatically between 2013 and 2014, knocking the state from 7th to 10th in terms of solar power capacity per capita in the United States.

“Despite the fact that we have one of the best solar assets in the country, Colorado’s market share is shrinking nationwide due to weak utility support and uneven legislative progress,” said Alex Blackmer, president of the 5,000-member Colorado Renewable Energy Society, on a conference call with reporters late last week.

July 16 Colorado Energy Roundup: Sec. Jewell adds Colowyo Mine visit; renewable energy mandate upheld

July 16, 2015 by michael · Comments Off
Filed under: CDPHE, Environmental Protection Agency, Legal, preferred energy, renewable energy 

A week after the Department of the Interior declined to move forward with an appeal in the Colowyo Mine case, and facing mounting pressure to visit the northwest portion of Colorado during a scheduled trip to Aspen, Sec. Sally Jewell appears to have conceded to a meeting with county commissioners:

Moffat County Commissioner John Kinkaid said Wednesday that Jewell has added a meeting with northwest Colorado county commissioners to her itinerary Friday following her speech at the Aspen Institute.

“We look forward to meeting Secretary Jewell this Friday evening,” Kinkaid said. “I hope that she will be able to give us some assurances that our miners can keep working.”

He said he expected the meeting to include commissioners from Moffat and Rio Blanco counties, whose communities would bear the brunt of a mine closure. The meeting will take place in Glenwood Springs.

Jewell had come under pressure to visit the area after it was announced that she would deliver remarks Friday at the Aspen Institute, about a three-hour drive from Craig, where residents are alarmed about the future of the mine.

We’ll keep you posted on developments of the planned meeting.

***

Colorado’s preferred energy renewable mandate was upheld this week:

The mandate, which voters passed in 2004 and expanded in 2010, was challenged by the free-market advocacy group Energy and Environment Legal Institute. The group argued that the renewable energy requirements violate the U.S. Constitution.

The lawsuit claimed that the requirement that large utilities such as Xcel Energy get 20 percent of their electricity from renewable sources violates constitutional protections for interstate commerce.

The plaintiffs argued that because electricity can go anywhere on the grid and come from anywhere on the grid, Colorado mandate illegally harms out-of-state companies.

The 10th Circuit Court of Appeals in Denver disagreed. The three-judge panel ruled that the mandate does not wrongly burden out-of-state coal producers. The judges also pointed out that Colorado voters approved the mandate.

The full text of the ruling can be found here.

***

For those who do not think increased energy costs–whether from increased cost of supply of fuel, onerous regulations, or government picking (more expensive) energy winners–affect lower and middle income families in Colorado, a new examination of the state’s Low-Income Energy Assistance Program (LEAP) reveals how devastating even modest price increases in energy can be:

About 430,000 households in Colorado — 22 percent of all households — are eligible for federal energy assistance.

These households have incomes below 150 percent of the federal poverty level, or about $36,372 for a family of four.

About 13 percent of Colorado households are below the federal poverty line of $24,250 for a family of four.

The federal Low-Income Energy Assistance Program, or LEAP, administered by local agencies, provided $47 million for heating bills during the 2014-15 season.

The article laments that program has a low reach at the present time, with only 19 percent of those eligible receiving outreach.

But the article’s lede is buried–even small, incremental increases have a large and outsized effect on low-income folks given the portion of income they spend on energy:

Xcel, the state’s largest electricity utility, calculates monthly payments based on 3 percent of a household’s income.

Average households pay 2 percent to 3 percent for energy, compared with low-income households, which often pay as much as 50 percent.

“That leaves very little for food, clothing, medicine,” said Pat Boland, Xcel’s manager of customer policy and assistance.

“Once we get them in the door, we want to keep them in the door,” Boland said in a presentation.

According to the article, Black Hills reaches only 10 percent of those eligible within its system. It pays for the assistance by charging other ratepayers, and is considering a rate hike to cover the program, which is currently losing money. That hike, along with three other rate increases since 2008, make Black Hills among the most expensive electricity providers in the state, the Post article said.

***

Despite a quiet 2015, fracking is still maintaining a low boil on the backburner of the state’s energy debate, and there is every indication that it won’t be simmering any time soon, and Democratic Rep. Jared Polis told the Associated Press that options remain:

Polis said fracking could be on the 2016 ballot if state officials don’t further regulate the industry. He stopped short of saying whether he would organize the effort, but he wants lawmakers and regulators to adopt three proposals that weren’t formally recommended by the task force.

One would let local governments impose stricter rules than the Colorado Oil and Gas Conservation Commission, charged with regulating drilling statewide. Another would change the commission’s role from facilitating oil and gas development to simply regulating it. The third would set up a panel to resolve disputes between energy companies and local governments or property owners before they land in court.

It remains to be seen whether or not activists, with or without Polis’s sponsorship, pursue a strategy like they did in 2013, targeting friendly and even tossup municipalities with fracking bans and moratoria, or wait for statewide opportunities in the 2016 Presidential election cycle.

***

The Bureau of Land Management has closed off nearly 100,000 acres of federal land from future leasing:

The Bureau of Land Management rejected all 19 protests from conservation groups, the oil and gas industry and other interests in approving a new resource management plan for the Colorado River Valley Field Office.

The Colorado River Valley Field Office, in Silt, manages more than 500,000 acres of land and more than 700,000 acres of subsurface federal minerals in Garfield, Mesa, Rio Blanco, Pitkin, Eagle and Routt counties. The agency says the majority of the 147,500 acres with high potential for oil and gas production under the office’s jurisdiction are already leased and will continue producing under the plan.

The plan closes 98,100 acres for future leasing, including in the Garfield Creek State Wildlife Area near New Castle, areas managed for wilderness characteristics, areas of critical environmental concern, municipalities and designated recreation areas.

***

In addition to the endangered Colowyo Mine, another Colorado mine with 150 employees faces environmental review and possible closure:

A second Craig-area coal mine apparently also will have to undergo a remedial federal environmental review process if it hopes to avoid a shutdown based on a recent court order.

The Trapper Mine near Craig is now looking at going through the same kind of review currently underway in the case of the Colowyo Mine between Craig and Meeker following a federal judge’s ruling in May.

U.S. District Court Judge R. Brooke Jackson, in a suit brought by WildEarth Guardians, found that the federal Office of Surface Mining Reclamation and Enforcement illegally approved expansions of the two mines because it failed to provide public notice of the decisions and account for the environmental impacts.

The Trapper Mine faces discrepancies over permitted areas and coverage under filings with Judge Jackson, who did not impose a similar ruling as that issued for the Colowyo Mine.

In a notice filed last week to alert the court about the new information, the Trapper attorneys said they support doing remedial environmental analysis involving the Trapper Mine after the Colowyo review is done.

Bob Postle, manager of the program support division for the OSMRE’s western region, said the notice has “just been filed, and we’re now working through how we’re going to address it.”

Given the discrepancies, it isn’t clear at this moment whether a new or remedial environmental review is necessary, according to Trapper’s legal counsel.

***

In a meeting with Republican Senator Cory Gardner, western slope businesses and entrepreneurs described facing onerous regulatory burdens imposed by DC bureaucrats:

A Moffat County sheepherder, Delta hardware shop owner and Grand Junction manufacturer all walked into a meeting Friday with U.S. Sen. Cory Gardner, R-Colo., each with much the same punchline in mind.

The common theme: The federal government is reaching too far into their businesses, discouraging them from seeking out new ways of doing business and growing.

Constraining regulations have “taken the creativity out of business,” Jim Kendrick, owner of Delta Hardware, told Gardner. “The move is to make us all do business the same way. That’s stifling growth.”

Gardner met with two dozen western Colorado business and economic leaders at Colorado Mesa University in hopes of finding ways to improve the state’s sputtering rural economy.

“I spend all my time on regulatory compliance and none of it on product development,” one Department of Defense contractor said. That would result in pushing more business to bigger vendors able to hurdle all of the regulatory red tape due to a larger staff.