ESA's impact on energy and mining discussed in Cody

Posted 11/19/15

The Western Governors’ Association hosted a series of panels with experts on how the ESA impacts various fields during their first forum on the ESA in Cody on Nov. 12-13.

The information gathered at the forum will be used by the association to …

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ESA's impact on energy and mining discussed in Cody

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The Endangered Species Act has a success rate of about 1 percent and costs American taxpayers millions of dollars in court costs — funding that could be better utilized to preserve wildlife.

The Western Governors’ Association hosted a series of panels with experts on how the ESA impacts various fields during their first forum on the ESA in Cody on Nov. 12-13.

The information gathered at the forum will be used by the association to create an action plan with the long-term objective of improving the effectiveness and efficiency of the ESA.

The first panel to present their viewpoints and findings to members of the association focused on how energy and mining function alongside the ESA and species conservation.

Oil and gas

The ESA has become a large piece of Anadarko’s interactions and is often taken with a reactionary approach due to the “barrage of species thrown at us,” said Nick Owens, staff regulatory analyst for Anadarko Petroleum.

“Often, where species are petitioned, energy development is often cited as a threat,” Owens said. “This serves as the red flag that peaks my interest.”

Oil extraction has “come far” since 2010 when horizontal drilling really took off and reduced impacts to the landscape, Owens said. Using Wyoming as an example, he said Anadarko's oil and gas extraction impacts decreased by 70 percent using horizontal drilling.

When it comes to the ESA, a stronger peer-reviewed process is needed to minimize conflicts of interest, Owens said.

“One word answers are not what a peer review is,” Owens said.

There also needs to be an increase in data transparency when listing species for the ESA, Owens said. This relates to the timeline issue where a 12-month status review period does not allow time for conservation efforts under the NEPA process.

“Often, we are left guessing how we got from A to B,” Owens said.

Recovery efforts also need improved, Owens said, using the Wyoming toad as an example. The Wyoming toad was listed as endangered in 1984 and did not have a recovery plan finalized until Oct. 1 of this year, according to the Fish and Wildlife Service.

“Recovery is the cornerstone of the act and too often it is given the backseat to other items,” Owens said. “Some species have recovery plans, but they are outdated.”

Bringing power to the people

It’s not just fuel extraction that faces hurdles; power companies also struggle to meet the demands of the ESA. PacifiCorp’s avian program manager, Sherry Ligouri, and environmental policy analyst for the Tri-State Generation and Transmission Association, Chris Reichard, shared those concerns and some suggested improvements for the ESA.

Ligouri suggested streamlining the permitting process, spending funds on conservation instead of just paperwork and merging conservation efforts for multiple species.

“We factor in endangered species on an almost daily basis,” Reichard said. “It is a big part of our procedures internally for planning projects.”

Tri-State Generation is one of the largest electricity providers in the United States, spanning across Wyoming, Nebraska, Colorado and New Mexico. And like most electrical providers, their infrastructure tends to be long-lived.

“Stations are designed to last over 40 years and it can be hard to manage for the constantly changing landscape of the act (ESA),” Reichard said.

Some of PacifiCorp’s facilities have been on the ground for a long time and it can take months or years to get a permit to move a nest, Ligouri said.

“The challenges we have are the changes are permanent,” Ligouri said.

Utility providers benefit the most from state and county-led management, Reichard said, noting the recent sage grouse success as an example.

He also suggested bringing multiple species under one approach instead of tackling it on a species by species basis since some mitigation efforts could benefit more than one species at a time.

“We get mixed messages on a variety of species,” Ligouri said, noting that in Wyoming there were conflicting goals for golden eagles and sage grouse, two species that share the same environment.

Monsanto’s government affairs director Trent Clark asked how utility companies overcome issues with land use planning. Ligouri said she did not know how it could be resolved, but precluding species from listing works well.

The amount of time it takes to get mitigation efforts on the ground is also problematic as it can take years, but is actually supposed to be done in 135 days, Reichard said.

“This group should explore getting more efficiency in that process,” Reichard said.

He also questioned the cost effectiveness of some mitigation efforts.

“Is it worth it to spend tens of millions (of dollars) for minor or questionable impacts, or when it is based on limited science,” Reichard asked.

He suggested pre-identifying mitigation that industries could partner up on.

Some of the requirements bring unintended consequences and aren’t very effective, such as perching discouragers, Ligouri said.

“It is a Band-Aid and not a fix,” Ligouri said, calling for incentive-based programs and partnerships.

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