November 1, 2016 Sent via e-mail (comments only) and Certified Mail, Return Receipt Requested (comments and exhibits) Project Manager, Uncompahgre RMP Bureau of Land Management Uncompahgre Field Office 2465 South Townsend Ave. Montrose, CO 81401 Email: [email protected] Re: Comments on the Uncompahgre Field Office’s Draft Resource Management Plan and Environmental Impact Statement Dear Uncompahgre RMP Project Manager: The Western Environmental Law Center, along with Citizens for a Healthy Community, Center for Biological Diversity, Earthjustice, Sierra Club, WildEarth Guardians, and Wilderness Workshop (together “Conservation Groups”), submit the following comments regarding the Bureau of Land Management (“BLM”) Uncompahgre Field Office (“UFO”) Draft Resource Management Plan (“Draft RMP”) and Environmental Impact Statement (“EIS”). The Uncompahgre RMP planning area includes 3,097,460 acres of federal, private, state, and city land in Delta, Gunnison, Mesa, Montrose, Ouray, and San Miguel Counties in southwestern Colorado. The Uncompahgre RMP planning area covers about 675,800 acres of BLM- administered public lands—including portions of the Dominguez Canyon Wilderness Area and four river systems (the Gunnison, San Miguel, Dolores, and Uncompahgre)—and 971,220 acres of federal subsurface mineral estate. Conservation Groups have participated in the planning process for the UFO RMP— specifically by submitting two supplemental information letters with the BLM, on October 23, 2012 and February 3, 2014, both of which are incorporated herein by this reference—and have interests that are adversely affected by planning decisions made in the EIS. See 43 C.F.R. § 1610.5-2. Conservation Group, Citizens for a Healthy Community (“CHC”), also participated in the collaborative effort developing the North Fork Alternative Plan (“NFAP”), which was submitted to BLM on December 2, 2013 and included as BLM Alternative B.1. Moreover, Conservation Groups contracted with air resources expert, Megan Williams, who submitted comments on the Bull Mountain Master Development Plan on April 14, 2015 [hereinafter CONSERVATION GROUPS’ COMMENTS i UNCOMPAHGRE FIELD OFFICE RMP AND DEIS Williams Comments], which are directly relevant to the UFO RMP planning process and are incorporated herein by this reference and attached as Exhibit 313. This letter focuses on the BLM’s failure to adequately analyze and disclose the direct, indirect, and cumulative impacts of fossil fuel leasing and development authorized and made available by BLM in the Uncompahgre Draft Resource Management Plan and Environmental Impact Statement, and correspondingly, the impact that such development will have on air, water, human health, and climate change. Finalizing the Uncompahgre RMP, as proposed, would cement BLM’s place as dramatically out of step with the realities facing modern public lands management, including current science and national policy on climate change. On behalf of members and supporters that live, work, and recreate in Colorado, the Conservation Groups call on the BLM to reconsider the wisdom of the fossil fuel leasing and development considered by the Uncompahgre RMP/EIS. Specifically, Conservation Groups request that: • BLM must consider and analyze a “no-leasing” alternative that would bar new fossil fuel leases in the Uncompahgre planning area. • BLM must take steps to reduce methane emissions from both oil and gas operations and coal mining, including (1) by undertaking a true hard-look analysis of methane waste and global warming potential; (2) by adopting enforceable mitigation requirements to minimize methane emissions and waste; and (3) by considering alternatives that require coal mines in the Uncompahgre planning area to capture or flare methane emissions. • BLM must address new scientific and economic information, including regarding (1) the impacts of climate change on the Uncompahgre planning area; (2) the social burden, or cost, of carbon and methane waste that would be authorized by the RMP; and (3) fossil fuel production and employment. • BLM must take a hard look at impacts to air, water, and human health, which must include a detailed Health Impact Assessment. The Western Environmental Law Center (“WELC”) uses the power of the law to defend and protect the American West’s treasured landscapes, iconic wildlife and rural communities. WELC combines legal skills with sound conservation biology and environmental science to address major environmental issues in the West in the most strategic and effective manner. WELC works at the national, regional, state, and local levels; and in all three branches of government. WELC integrates national policies and regional perspective with the local knowledge of our 100+ partner groups to implement smart and appropriate place-based actions. Citizens for a Healthy Community (“CHC”) is a grass-roots organization with more than 450 members formed in 2010 for the purpose of protecting communities (people and their environment) within the air-, water- and food-sheds of Delta County, Colorado from the impacts of oil and gas development. CHC’s members and supporters include organic farmers, ranchers, vineyard and winery owners, sportsmen, realtors, and other concerned citizens impacted by oil and gas development. CHC members have been actively involved in commenting on BLM’s oil and gas activities. CONSERVATION GROUPS’ COMMENTS ii UNCOMPAHGRE FIELD OFFICE RMP AND DEIS The Center for Biological Diversity is a non-profit environmental organization with over 48,500 members, many of whom live and recreate in western Colorado. The Center uses science, policy and law to advocate for the conservation and recovery of species on the brink of extinction and the habitats they need to survive. The Center has and continues to actively advocate for increased protections for species and their habitats in Colorado. The lands that will be affected by the proposed resource management plan include habitat for listed, rare, and imperiled species that the Center has worked to protect including rare, endangered and threatened species like the Gunnison Sage-Grouse and the Gunnison and Uncompahgre River’s fish species such as the Colorado Pikeminnow and Razorback Sucker. The Center’s board, staff, and members use the public lands in Colorado, including the lands and waters that would be affected by expanded fossil fuel development authorized by this resource management plan, for quiet recreation (including hiking and camping), scientific research, aesthetic pursuits, and spiritual renewal. The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 2.4 million members and supporters nationwide. Sierra Club is dedicated to exploring, enjoying, and protecting the wild places of the Earth; to practicing and promoting the responsible use of the Earth’s resources and ecosystems; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives. WildEarth Guardians (“Guardians”) is dedicated to protecting and restoring the wildlife, wild places, wild rivers, and health of the American West. Guardians is a west-wide environmental advocacy organization with thousands of members in Colorado and surrounding states. Guardians members live in and regularly use and enjoy lands in the Uncompahgre Field Office. Wilderness Workshop (“WW”) is a 501(c)(3) dedicated to preservation and conservation of the wilderness and natural resources of the White River National Forest and adjacent public lands, including the Uncomphgre Field Office (UFO). WW engages in research, education, legal advocacy and grassroots organizing to protect the ecological integrity of local landscapes and public lands. WW focuses on the monitoring and conservation of air and water quality, wildlife species and habitat, natural communities and lands of wilderness quality. WW is the oldest environmental nonprofit in the Roaring Fork Valley, dating back to 1967 with a membership base of more than 800 people. Many of our members live, work, recreate and otherwise use and enjoy lands managed by the UFO. All members have a great interest in the protection and enhancement of natural values in the planning area. WW has monitored proposals, developments, and management actions in the UFO for years. CONSERVATION GROUPS’ COMMENTS iii UNCOMPAHGRE FIELD OFFICE RMP AND DEIS TABLE OF CONTENTS I. BLM Must Consider Existing, New, and Revised National Policy on Climate Change Into RMP Decisionmaking. ........................................................................................................... 1 A. BLM Failed to Consider National Policy on Climate Change in Agency Decisionmaking. .............................................................................................................. 4 B. BLM Failed to Consider Recent Climate Science and Carbon Budgeting. ..................... 5 II. BLM Fails to Consider All Reasonable Alternatives. .......................................................... 15 A. BLM Has a Legal Obligation to Consider All Reasonable Alternatives. ...................... 15 B. BLM Fails to Consider a Range of Reasonable Alternatives. ....................................... 18 C. BLM Must Consider the No Fossil Fuel Leasing Alternative in Response to Threats Posed by Climate Change. ............................................................................................. 22 1. BLM Has Legal Authority to Not Issue New Oil