{"id":198,"date":"2014-04-23T19:30:08","date_gmt":"2014-04-23T19:30:08","guid":{"rendered":"http:\/\/sites.law.duq.edu\/joule\/?p=198"},"modified":"2017-10-11T19:43:45","modified_gmt":"2017-10-11T19:43:45","slug":"prairie-chickens-legislation-is-a-compromise-between-industry-and-environmental-protection","status":"publish","type":"post","link":"https:\/\/sites.law.duq.edu\/joule\/prairie-chickens-legislation-is-a-compromise-between-industry-and-environmental-protection\/","title":{"rendered":"Prairie Chickens Legislation is a Compromise Between Industry and Environmental Protection"},"content":{"rendered":"

In March the federal government added the lesser prairie chicken (a type of grouse known for its colorful neck plume) to a list of threatened species.<\/a> While the designation of \u201cthreatened\u201d is still a step below the more commonly known (and more serious) designation of \u201cendangered,\u201d such a decision could create problems for the oil and gas industry. Specifically, this designation allows for greater protections for the bird under the Endangered Species Act, and will likely impact natural gas and energy production in the affected states of Texas, Oklahoma, Kansas, Colorado and New Mexico. Id. (Image courtesy of U.S Fish and Wildlife Service<\/a>).<\/p>\n

Due to activities such as ranching, construction of power lines and oil and gas drilling, the prairie chicken has lost more than 80% of its natural habitat. Id. These activities in particular have proven detrimental to prairie chickens because they involve tall structures \u2013 something that prairie chickens inherently fear because these structures offer hawks and other predators excellent vantage points for hunting. Id. Although the prairie chicken is not crucial to the ecosystem, they are an important part of the grassland environment.<\/p>\n

Although the prairie chicken is now subject to special protections, the listing also included an unprecedented rule that allows private landowners and officials in the five affected states to manage conservation efforts. Id. Specifically, oil and gas drilling and utility maintenance that are covered under a five-year conservation plan will be allowed to continue unabated despite the listing. Id.<\/p>\n

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Predictably, the energy industry and conservation groups have adopted opposing positions regarding the potential effectiveness of the listing as well as the motivations that inspired it. Id. Specifically, a spokewoman for Kansas Governor Sam Brownback spoke out in opposition of the designation, stating that a possible response could include a lawsuit or a measure declaring that the state has sole authority to manage the bird\u2019s population and habitat within its borders. Id. A 10-member oil and gas consortium (including the American petroleum Institute, America\u2019s Natural Gas Alliance, the Colorado Oil and Gas Association and the Independent Petroleum Association of America) was also less than thrilled with the measure, stating that \u201c[a]dding another layer of regulation on the oil and gas industry in a region that is key to America\u2019s energy future and for which there is no clear environmental benefit runs counter to this administration\u2019s stated approach to energy and regulation.\u201d Id.<\/p>\n

Conversely, environmental groups were largely satisfied with the new regulations, but claimed that the listing\u2019s effectiveness was undercut by the continued allowance of oil and gas drilling so long as the operators establish voluntary conservation plans. Id. Arizona\u2019s Center for Biological Diversity stated that, instead of taking the strong action required by this emergency situation, the government \u201cturned its back and relied on voluntary conservation plans that only amount to a wink and a nod with no accountability.\u201d Id.<\/p>\n

Overall, the legislation surrounding the prairie chicken\u2019s designation as a threatened species is representative of the compromises that are often required to allow for the continuing development of America\u2019s energy resources. There is no doubt that the prairie chicken \u2013 and all animals \u2013 need to be protected from the harmful effects of human activities. But, as the listing of the prairie chicken as threatened demonstrates, some of these human activities are absolutely necessary for the day to day operation of the country. Here, instead of creating rigid regulations that would further impede energy production in these areas, it appears that a compromise was reached that allows for both the protection of the prairie chicken and the pursuit of domestic energy. Perhaps the best indicator that this was the right decision by the federal government is that neither side is completely happy with the result, which demonstrates that this initiative truly has its pros and cons for both sides. This type of compromise-based regulation should serve as an example to legislators across the country who are attempting to balance the environmental and ecological needs of their state with their citizens\u2019 need for energy to keep the wheels of society turning.<\/p>\n","protected":false},"excerpt":{"rendered":"

In March the federal government added the lesser prairie chicken (a type of grouse known for its colorful neck plume) to a list of threatened species. While the designation of \u201cthreatened\u201d is still a step below the more commonly known (and more serious) designation of \u201cendangered,\u201d such a decision could [\u2026] <\/p>\n

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