Sarah McMillan Rebecca Fischer, pro hac vice Mont. Bar No. 3634 … · 2018. 12. 20. · 1 Sarah...
Transcript of Sarah McMillan Rebecca Fischer, pro hac vice Mont. Bar No. 3634 … · 2018. 12. 20. · 1 Sarah...
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Sarah McMillan Mont. Bar No. 3634 WildEarth Guardians P.O. Box 7516 Missoula, MT 59807 (406) 549-3895 [email protected]
Rebecca Fischer, pro hac vice Colo. Bar No. 51604 WildEarth Guardians 2590 Walnut Street Denver, Colorado 80205 (406) 698-1489 [email protected]
Samantha Ruscavage-Barz, pro hac vice NM Bar No. 23276 WildEarth Guardians 516 Alto Street Santa Fe, New Mexico 87501 (505) 401-4180 [email protected] Counsel for Plaintiff
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION WILDEARTH GUARDIANS, Plaintiff,
Case No. CV-18-110-GF-BMM
v.
ELAINE L. CHAO, in her official capacity as Secretary of the U.S. Department of Transportation, et al. Federal-Defendants.
STANDING DECLARATION OF JEREMY NICHOLS
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I, Jeremy Nichols, declare as follows:
1. The facts set forth in this declaration are based on my personal knowledge. If called
as a witness in these proceedings, I could and would testify competently to these facts.
2. I currently reside in Golden, Colorado where I live with my wife, my two teenage
sons (16 and 14), and our dog.
3. I am a member and employee of WildEarth Guardians and have been since August
2008. WildEarth Guardians is a 30-year old non-profit environmental organization dedicated to
protecting and restoring the wildlife, wild places, wild rivers, and health of the American West.
A statement of WildEarth Guardians’ mission and its general goals and vision is online at
https://wildearthguardians.org/about-us/mission-vision-history/. WildEarth Guardians is
headquartered in Santa Fe, New Mexico, but maintains offices in Missoula, Montana, Denver,
Colorado, Tucson, Arizona, Portland, Oregon, as well as home offices in other locations. I
support the mission of the organization, both personally and professionally.
4. I am WildEarth Guardians’ Climate and Energy Program Director. As Director of the
Climate and Energy Program, I advocate for clean energy solutions that can help our society shift
away from relying on fossil fuels in order to safeguard our climate, clean air, and communities.
In my advocacy, I work to highlight the costs, including tangible financial costs and more
intangible environmental and health costs, of fossil fuel production and consumption upon clean
water, clean air, wildlife, the climate, human health, and to our public lands. My aim is to help
our country recognize the costs of fossil fuels and take action to limit these costs to ensure
protection of our environment, our health, and the integrity of our future. I personally believe
very strongly in this work.
5. I am an avid outdoor recreationist. I’ve lived all my life in the American West, first
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growing up in Idaho, then living in Wyoming for awhile, and now living in Colorado for nearly
15 years. I have always lived near federally managed public lands in the American West and I
deeply value these lands for the outdoor recreation opportunities they provide. My Dad worked
for the U.S. Bureau of Land Management (“BLM”) in southwestern Idaho and taught me a deep
appreciation of public lands and the amazing privilege we, as Americans, have in enjoying and
using them. I enjoy hiking, camping, wildlife viewing, skiing, hunting, fishing, floating,
experiencing archaeology, and rockhounding on public lands.
6. All my life, I’ve spent considerable amounts of time outdoors visiting and enjoying
public lands in every western state. For example, in March of this year, I visited public lands
within and adjacent to the Upper Missouri River Breaks National Monument near Fort Benton
and Big Sandy, Montana while visiting friends in the area. I made the plans several months in
advance, so didn’t anticipate all the snow, but we still visited public lands in the area and had a
ball hiking along the river in the snow, viewing wildlife, especially raptors, and enjoying the
beauty of the landscape. Also, this past July, my wife and I dropped our kids off with
grandparents in Idaho and spent two weeks hiking, fishing, and camping on public lands in the
West Fork of the Bitterroot River Valley in western Montana. Afterward, we visited family in
northern Idaho and spent several days hiking on federally managed public lands near Coeur
d’Alene, enjoying the scenery of the region, searching for wildlife, and searching for
huckleberries, although it was a bit too early. On our way to Montana and northern Idaho, we
also spent two days hiking and camping in public lands that are part of the Red Desert of
southwestern Wyoming. Also, this past November, my oldest and son and I attempted to go
chukar hunting in western Colorado. We failed, but still had a blast while hiking, exploring, and
searching for birds on public lands southeast of the town of DeBeque in the Little Book Cliffs
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area. Most recently, I visited public lands in northwestern Colorado in late November while
visiting the area for some meetings. I hiked, searched for wildlife, and enjoyed the scenery of
lands south and east of the town of Craig, Colorado. I intend to continue visiting federally
managed public lands for enjoyment for the foreseeable future.
7. In my visits to federally managed public lands in the Rocky Mountain West,
particularly in Colorado, Montana, New Mexico, Utah, and Wyoming, I frequently come across
oil and gas development. Pumpjacks, tanks, pipelines, compressor engines, and other equipment
associated with oil and gas production are ubiquitous in some areas, particularly in the Rocky
Mountain West’s sedimentary basins.
8. Oil and gas pipelines in particular are a common sight and I have observed them
frequently while recreating on public lands. Sometimes the pipelines and their associated
equipment are actually on the surface. Sometimes pipelines are underground, but identifiable by
warnings signs that have been posted.
9. Below are some examples of oil and gas pipelines I’ve come across while recreating
recently on federally managed public lands, as well as pictures I’ve taken:
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Above, pipeline observed while recreating on BLM-managed public lands in western Wyoming south of the town of Pinedale; observed July 2018. Below, pipeline observed
while recreating on BLM-managed public lands in western Colorado southwest of the town of Debeque; observed September 2017.
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Above, natural gas pipeline warning sign observed while recreating on the Thunder Basin National Grassland in northeast Wyoming south of the town of Gillette; observed
September 2017. Below, natural gas pipeline warning sign observed while recreating on BLM-managed lands that are part of the Upper Missouri River Breaks National
Monument in Montana; observed March 2018.
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Above, pipeline observed while recreating on the Grand Mesa, Uncompahgre, and Gunnison National Forest in western Colorado; observed May 2018. Below, pipeline
warning sign and associated equipment observed while recreating on BLM-managed lands along the Green River in northeast Utah; observed May 2018.
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Pipeline equipment observed at BLM-managed river access point along the Green River in northeast Utah. My family and I had just finished floating the Green River from Flaming
Gorge Dam to this take out point, called Little Hole. Picture taken May 2018.
10. I am aware that many of these pipelines and the others I’ve come across and observed
while recreating on federally managed public lands have been authorized by the BLM via a right
of way. I actually have come across and observed many oil and gas pipelines on public land that
I know for a fact have been approved by the BLM via a right of way. I am aware of this because
of my professional experience in reviewing BLM right of way information, including GIS data,
environmental reviews, and related documents. When the BLM approves a right of way for an
oil and gas pipeline, it assigns the right of way a unique serial number that can aid in
identification of the right of way and pipeline.
11. Oil and gas pipelines have been approved by the BLM via rights of way throughout
the Rocky Mountain West states of Colorado, Montana, New Mexico, Utah, and Wyoming.
Many of these rights of way have been approved within or near lands that are valued and used
for outdoor recreation and for conservation purposes.
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12. For instance, in Montana, the BLM has approved several oil and gas pipelines within
the Upper Missouri River Breaks National Monument in central Montana. This National
Monument is well known for its scenery, its remoteness and opportunities for solitude, its
outdoor recreation opportunities, including floating and hiking, and for its historical significance.
Below is a map I prepared using the online mapping service, ArcGIS.com, which shows the
location of the National Monument (green outline) and the location of BLM-authorized oil and
gas pipelines (in purple). I obtained the BLM’s pipeline data through a Freedom of Information
Act request to the Montana State Office of the BLM.
13. Additionally, the BLM has approved many oil and gas pipelines via rights of way on
public lands in northwestern New Mexico. This region is well known for its cultural
significance. The region contains many ruins and artifacts of the Ancestral Puebloan
civilization, which flourished 1,000 years ago. The region contains Chaco Culture National
Historical Park and is often referred to as the Greater Chaco region. Using data obtained through
a Freedom of Information Act request to the New Mexico State Office of the BLM, I was able to
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map the location of oil and gas pipelines approved via rights of way in the Greater Chaco region
using ArcGIS.com. The map below shows northwestern New Mexico and pipelines (in purple)
authorized by the BLM.
14. The BLM has also authorized many oil and gas pipeline rights of way on public lands
in western Colorado, particularly north of the City of Grand Junction. Using data obtained
through a Freedom of Information Act request to the Colorado State Office of the BLM, I was
able to map the location of oil and gas pipeline rights of way in western Colorado using
ArcGIS.com. The map below shows a portion of western Colorado and rights of way authorized
by the BLM (in red). The Colorado State Office of the BLM only provide data showing the
location of the actual right of way shape, so this particular map shows the actual surface lands
committed to the rights of way.
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15. Examples of some of the oil and gas pipelines approved by BLM right of ways that I
have observed while recreating on public lands include the following, as identified by BLM
serial numbers:
a. COC-031077A: This right of way is located in western Colorado southwest of
the town of Debeque and northeast of the City of Grand Junction. It is located in
an area where there are extensive public lands managed by the BLM. It is located
near the Little Book Cliffs Wilderness Study Area and the South Shale Ridge
Wilderness Study Area. It is located in an area I frequently (once every year) visit
to enjoy outdoor recreation. My last visits to the precise area where the pipeline
is located were in November 2018 and September 2017. During both visits, I
hiked in the area, viewed wildlife, enjoyed the scenery, searched for fossils, and
took photographs. I intend to return to this area to recreate outdoors in the May of
2019. The pipeline, which appears to be a natural gas gathering pipeline, is very
noticeable as it rises to the surface at many locations in the area. Below is a
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picture I took of a portion of the pipeline that was authorized as part of COC-
031077A.
b. COC-050897: This right of way is located in western Colorado northwest of the
City of Grand Junction. It is located in an area where there are extensive public
lands managed by the BLM. It is located in the Book Cliffs area, an area that is
very popular for hiking, mountain biking, hunting, and rockhounding. It is
located in an area I regularly (around once every other year) visit to enjoy outdoor
recreation. My last visits to the precise area where the pipeline is located were in
June of 2017, June of 2016, August 2014, and June of 2009. During both visits, I
hiked in the area, viewed wildlife, enjoyed the scenery, searched for fossils, and
took photographs. I intend to return to this area to recreate outdoors in late
summer 2019. The pipeline, which appears to be a natural gas gathering pipeline,
is very noticeable as it rises to the surface at many locations in the area. Below
are some pictures I took of a portion of the pipeline that was authorized as part of
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COC-050897.
c. UTU-076958: This right of way is located in northeast Utah. It crosses and runs
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adjacent to the Green River right before it enters the State of Colorado. It is
located in an area where there are extensive public lands managed by the BLM. It
is located in the Browns Park area of the Uinta Mountains, an area that is very
popular for hiking, river floating and fishing, mountain biking, hunting, and
rockhounding. It is located in an area I regularly (around once every three years)
visit to enjoy outdoor recreation. My family and I greatly enjoy visiting this area
to float and fish on the Green River. My last visits to the precise area where the
pipeline is located were in May of 2018, June of 2015, and July of 2011. During
both visits, I hiked in the area, floated the Green River, viewed wildlife, enjoyed
the scenery, searched for fossils, and took photographs. I intend to return to this
area to recreate outdoors most likely during the Fourth of July in 2020. The
pipeline is very noticeable as it rises to the surface at many locations in the area.
You can actually see warning signs for the pipeline while floating the Green River
in the area. Below is a picture I took of a portion of the pipeline that was
authorized as part of UTU-076958, as well as a picture of our boats on the Green
River in this same area.
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d. NMNM-131508: This right of way is located in the Greater Chaco region of
northwest New Mexico. It is located in an area where there are extensive public
lands managed by the BLM. It is located northwest of Chaco Culture National
Historical Park, an area that is very popular because of its archaeological sites,
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hiking, and rockhounding. It is located in an area I regularly (around once a year)
visit to enjoy outdoor recreation and enjoy exploring and learning about the
region’s cultural significance. My last visits to the precise area where the pipeline
is located were in June of 2017, March of 2017, May of 2015, and August 2014.
During these visits, I hiked in the area, viewed wildlife, enjoyed the scenery,
searched for fossils and archaeological sites, and took photographs. I intend to
return to this area to recreate outdoors in April of 2019. The pipeline is very
noticeable as it rises to the surface at many locations in the area. Signs warning
of the pipeline also identify it as NMNM-131508. Below is a picture I took of a
portion of the pipeline that was authorized as part of NMNM-131508.
16. As I’ve recreated on federally managed public lands over the years and come across
and observed oil and gas pipelines, including the aforementioned pipelines, I have come across
oil spills, rusted equipment and installations, sounds of leaking gas, and the smells of oil and gas.
For example, when recreating on public lands where the pipeline authorized by right of way
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COC-050897 is located, I have seen that where the pipeline and its equipment are on the surface,
there is extensive rusting. Also, when recreating on public lands where the pipeline authorized
by right of way COC-031077A is located, I have heard gas escaping from the pipeline’s surface
equipment. Also, when recreating on public lands where the pipeline authorized by right of way
NMNM-131508 is located, I have smelled gas coming from the pipeline equipment. These
sights, sounds, and smells are not only offensive and detract from my recreational enjoyment of
public lands, but cause me great concern over the impacts and risks to my health and safety. As I
continue to recreate on public lands in the American West, including lands where the
aforementioned pipelines are located, I will continue to be harmed.
17. I am aware that oil and gas, when released into the environment, can be very harmful.
It can release gases that are toxic and can cause serious injury or death. Seeing degraded
pipelines, hearing leaks, and smelling releases makes me extremely concerned that the pipelines
I have come across and will continue to come across in the foreseeable future will rupture or leak
more significantly, causing great damage. I know the release of oil and gas can contaminate land
and water. It can also ignite and cause fires and explosions, which can also cause injury or
death. Seeing rusted pipelines and equipment, hearing gas leaks from pipelines, and smelling
gas leaks from pipelines while recreating on public lands detracts from my enjoyment of these
lands because it makes me worried and anxious that I could be harmed. My recreational
enjoyment of public lands would not be as diminished if these unsightly sights, worrisome
sounds, and foul smells were reduced, if not eliminated.
18. As I continue to return to public lands where rights of way NMNM-131508, UTU-
076958, COC-050897, COC-031077A are located, as well as where other oil and gas pipelines
are located, my enjoyment of public lands will be diminished.
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19. I am aware that the Secretary of the U.S. Department of Transportation is legally
charged with ensuring oil and gas pipelines, as well as their associated facilities, approved by the
BLM or other federal agencies via rights of way are inspected, or examined, at least once a year.
In my outings to federally managed public lands in the American West, I am very concerned that
the Department of Transportation is not ensuring the inspection of oil and gas pipelines. I have
seen pipelines that appear to be neglected, have heard leaks from pipelines, and have smelled
odors of oil and gas from pipelines. It is difficult to believe that these pipelines and their
associated equipment have been inspected and been given a clean bill of health. I know for a
fact that the Transportation Department has acknowledged it has no records that the pipeline
authorized under right of way COC-031077A has ever been inspected.
20. The failure of the Secretary of Transportation to ensure annual inspections of oil and
gas pipelines and their associated facilities on federally managed public lands raises serious
concerns and worries that my health and safety is at risk whenever I come across pipelines while
recreating on public lands. This worry diminishes my enjoyment of recreating on public lands as
it makes me anxious, concerned, and less able to focus on my recreational experience. My
worries are heightened when I’m with my family recreating on public lands and come across oil
and gas pipelines and their associated facilities.
21. I am aware that the Department of Transportation explicitly excludes natural gas
gathering pipelines from any inspection requirements. Many of the oil and gas pipelines I come
across while recreating on federally managed public lands are natural gas gathering pipelines,
including the aforementioned pipelines authorized under rights of way NMNM-131508, COC-
050897, COC-031077A. The fact that the Secretary of Transportation does not cause these
pipelines to be inspected heightens concerns for my health and safety when I come across them,
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diminishing my enjoyment of outdoor recreation more significantly. As I continue to return to
public lands, including the lands where NMNM-131508, COC-050897, COC-031077A are
located, my enjoyment of outdoor recreation will be diminished.
22. If the Secretary of the U.S. Department of Transportation would comply with her
legal obligation and cause the inspection of oil and gas pipelines on federally managed public
lands on an annual basis, my recreational enjoyment of public lands would not be as diminished.
I am certain that I would not see rusted pipelines and facilities, I would not hear leaks, and I
would not smell releases from pipelines and their associated facilities. Importantly, if
inspections were being conducted, I would not be as worried and anxious over my health and
safety. I would feel much more reassured that the risks associated with oil and gas pipeline
releases, ruptures, and explosions would be reduced, if not eliminated, due to attentive and
regular inspections.
23. A ruling in this case in favor of WildEarth Guardians would diminish the harms I
have experienced while recreating on public lands in the American West and make it more likely
that my future visits to the region will be more enjoyable and fulfilling.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the
United States that the foregoing is true and correct to the best of my knowledge, information, and
belief.
Executed at Golden, Colorado on December 19, 2018.
_________________________________ Jeremy Nichols
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