Wilds groups trying to derail settlement

A Utah federal judge will have to decide if he will grant a request by a coalition of environmental groups to throw out a settlement between the state of Utah and Bureau of Land Management that would remove wilderness protection for federal land, opening some areas to development as well as to oil, gas and mining operations.

U.S. District Judge Dee Benson questioned what harm members of the environmental groups have suffered as the result of a settlement that they are not a party to.

Attorney Jim Angell, with the Denver office of Earthjustice, which took legal action on behalf of the Southern Utah Wilderness Alliance and others, cited a 10th Circuit Court of Appeals ruling in which oil and gas companies were allowed to intervene in the BLM's plans to survey its lands in Utah for wilderness protection.

"Oil and gas folks had their day in court and we deserve the same," Angell said.

However, BLM attorney Gary Randall argued that the oil and gas companies claimed "concrete" harm in that economic expectations were under immediate threat. In this case, Randall said environmental groups cannot show they suffer any form of economic damage.

This decadelong legal battle began in 1996 when the state of Utah sued the BLM over its plan to survey federal land and designate some parts as protected wilderness.

However, after a change in presidential administrations, BLM approached Utah in 2003 and struck a settlement in which the BLM would eliminate the wilderness option and open federal land to development. The settlement was signed by former Utah Gov. Michael Leavitt.

Angell said the groups he represents have an interest in preserving federal land for enjoyment and scientific research. He added this fight is about the public's right to have an option to preserve land as wilderness.

Benson noted that claim was ironic in that the state of Utah claims the public has a right to explore for oil and gas opportunities.

Currently a separate case is pending in federal court in New Mexico in which the court must decide if the BLM must keep its wilderness designation as an option. Randall suggested Benson hold off on a ruling until the New Mexico court issues its opinion.

Benson took the arguments under advisement. A written ruling is expected in the coming weeks.

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