We’ve had a huge victory in our efforts to keep the Mason Tract a very special place. Honorable David M. Lawson of the U.S. District Court, Eastern District of Michigan, leveled his gavel on the U.S. Forest Service this past week. “The Forest Service acted arbitrarily and capriciously in finding that the leaseholder’s (Savoy Energy, L.P.) proposed drilling project would have no significant environmental impact.”
The Environmental Assessment and FONSI (Finding Of No Significant Impact) were declared inadequate as decision making tools. Much of Lawson’s finding are based upon the lack of attention paid to the unique human recreational experiences that will be significantly affected by the proposed action and that the Forest Service failed to consider the effect of the proposed drilling on recreational opportunities.
He also cited the Forest Service for not considering an appropriate range of alternatives.
“First, it did not take the requisite “hard look” at the No Action alternative, since it mistakenly considered itself obligated by policy and by the terms of Savoy’s lease to adopt an action alternative; second, the agency impermissibly narrowed the range of alternatives by only considering those consistent with Savoy’s project objectives, rather than Forest Service goals.”
The Council on Environmental Quality’s regulations outline ten factors that federal agencies must evaluate when assessing the intensity of an action’s environmental impact. The Forest Service overlooked or insufficiently addressed at least four of these intensity factors in issuing a FONSI. NEPA (National Environmental Protection Act) requires federal agencies to prepare an Environmental Impact Statement (EIS) for all major federal actions that "significantly affect the environment.
Here’s a good conclusion… "It is ORDERED that the defendants are RESTRAINED AND ENJOINED from using or relying upon and taking any action in reliance upon the Decision Notice, Environmental
Congratulations and Thank You Rusty Gates and The Anglers Of The AuSable for your hard work, dedication, and commitment to keeping this wonderful river as God ment it to be.
Tim;
Thanks for that update. You really loved that place didn’t you?
Next year we’ll fish the Mason Tract. You may just have to go slow so this old guy can keep up!
Good news indeed-if any drilling is done I hope this ruling ensures it’s done properly,safely and far enough from the tract to keep it from harm. And to The Sierra Club & Mason family as well Anglers of the Ausable:Thanks for your efforts in getting involved in this important issue. All involved here deserve our appreciation.
EDW
One of those probably unforseen <alternatively, insert conspiracy theory here> side effects of the MIFIs that we have enjoyed is that is has spread interest to a more geographically broad audience. As stocking programs can spread species of fish to new habitats that are suitable for them, so too has the MIFI seeded a deep affection for the Au Sable and nearby rivers within a receptive habitat, people. Those people have a much broader, geographical distribution than the locales of the rivers. I dare say that this affection for the Au Sable has “run wild” in that it no longer requires stocking to be maintained.
I am always happy to see the concern people have over these areas. A lot of people work very hard to make this happen. But there is a dark side. The people who want the oil under pretty places are the same ones who want the oil under the ugly ones - or someone else’s pretty ones. They are anyone who drives a vehicle powered by a gasoline engine or heat their house with oil. Some drive more efficient vehicles and brag that they are less of a part of the problem than someone else. But if you use oil at all, you are part of the problem. I think that includes me.
Sooner or later they (we) will be after every drop of oil in every place. It is our sacred duty to make sure that when this happens, we are involved to make sure that it is done right. Otherwise, any temporary gains we make, will fail in the end. You might want to read www.HatofMichigan.org on the environmental page to see some solutions used in other industries when faced with similar conflicts.
This is not to say we shouldn’t work hard to save wild trout in wild places and I truly respect all those who do. We just need to concentrate on the war as well as the battle.
When JC and I encouraged the first Michigan Fish-In, we hoped our FAOL folks would love the area as much as we do. Don’t you love it when a plan comes together? The patch and annual pin from the Anglers of the Au Sable looks pretty nice along side our FAOL stuff! Yours will too.
Hugs,
LF
