Judge suspends BLM lease sale

A U.S. District Court judge released a ruling Saturday night that will place a temporary restraining order on the Bureau of Land Management, suspending the sale of oil and gas leases near national parks.

Judge Ricardo Urbina's order effectively halts the leasing on 77 land parcels, or about 110,000 acres near Arches, Nine Mine Canyon and other national landmarks until the merits of the case can be examined in court. The order came in response to a federal lawsuit filed last month by seven environmental, conservation and historical preservation organizations who asked the court to delay the BLM's Dec. 19 lease sale.

"This order stops the Bush bulldozers in their tracks," said Sandra Buccino, senior attorney with the Natural Resources Defense Council, a plaintiff in the case. "This is a win for two reasons. It preserves the land in question and it forces the BLM to do a more thorough job in protecting nature."

On Dec. 12 the BLM announced it would lease 164,00 acres in Utah for oil and gas development and proceeded to host an auction on Dec. 19. However, plaintiffs, including the Southern Utah Wilderness Alliance, the Wilderness Society and Natural Resource Defense Council, filed a motion for a temporary restraining order and preliminary injunction on Dec. 22 asking the court to prohibit the BLM from selling the contested leases.

Before the BLM can finalize the sales on the 77 land parcels in question, Urbina will have to review the merits of each argument made by the BLM. The Federal Land and Policy Act will require that the sales will not cause "irreparable harm" to historical, ecological and environmental qualities in the area.

In his order, Urbina recognized the development of domestic energy resources as an important public interest, but he raised concerns over the environmental impacts to air quality and the likelihood of possible permanent damage to public lands.

"We're thrilled with this decision," said Stephen Bloch, conservation director for the Southern Utah Wilderness Alliance. in a statement. "BLM's attempt to sell these leases just before the Bush administration left office has been showcased for what it really is — a parting gift to the oil and gas industry."

The restraining order will remain in effect until a court date for a hearing on the issues is set, Buccino said.

Buccino was confident that the order placed the plaintiffs in a position from which they could likely prevail. The BLM will have to be prepared to address the impacts oil and gas harvesting could have on cultural, historical and environmental qualities surrounding the land when a court date is set.

"I think as a result of the judge's decision this will be a mess left on Obama's doorstep," Buccino said.

E-mail: cnorlen@desnews.com