The Northern Plains Resource Council is suing three state
agencies, saying that a statewide plan for developing coalbed methane permits
allows the wasting of huge amounts of groundwater and doesn’t do enough to
offset potential environmental effects.
The lawsuit, filed late Monday in District Court in Helena, names the state
Department of Environmental Quality, Board of Oil and Gas Conservation and
Department of Natural Resources and Conservation as defendants.
In its claim, the council and two other groups say the statewide plan
requires the state to allow “use of groundwater for reasonable beneficial use,
now and in the future.”
But it doesn’t require that water pumped from the ground to develop coalbed
methane be, for example, reinjected into underground aquifers.
Depletion of aquifers and reduced streamflows in southeast Montana, where
much of the development is projected to occur, are particular concerns of the
groups, which include the Montana Environmental Information Center and Tongue
and Yellowstone Irrigation District.
“There are ways to develop coalbed methane resources without harming the land
and the water and the air and the fabric of our farming and ranching. But this
document doesn’t do it,” attorney Jack Tuholske said Tuesday.
The groups are seeking a court order against the agencies that would bar
approval of additional methane development until there is compliance.
Among the other claims raised in the lawsuit is the state failed to require
“best available control technology” to minimize air pollution and other
environmental effects.
Drilling for coalbed methane requires the release of water to relieve the
pressure holding natural gas in coal seams. Farmers, ranchers and others contend
that the water released often is salty and could harm crops and other
vegetation.
Tom Richmond, administrator of the Board of Oil and Gas Conservation, said
Tuesday he had not seen the lawsuit and could not comment. A message left for
DEQ Director Jan Sensibaugh was not immediately returned.
The state and U.S. Bureau of Land Management worked on the plan for coalbed
methane development in Montana.
So far, activity has been limited though officials see potential for
development in southeast Montana. There, the Powder River Basin spills into the
state from northern Wyoming, where coalbed methane activity has moved briskly.
Wednesday, October 8, 2003
http://www.montanaforum.com/rednews/2003/10/08/build/fuels/cbm-suit.php?nnn=6