At the end of 2008 the US Forest Service asked for comments on how the service may change the way it manages mineral extraction on our National Forests. In response, the Sierra Club Environmental Law program prepared a 30-page legal analysis of the management of surface resources (water, wildlife, etc) when the “mineral estate” is privately held.

Cited in the legal analysis was the current situation on the Allegheny NF … “the beleaguered Allegheny National Forest typifies the failures of the existing split estate regulations.” The authors continue:

“Oil and gas development on the Allegheny has become a juggernaut in recent years. Although only about 225 wells per year were drilled from 1986-2005, 985 wells were drilled in 2005 alone, and the trend has continued upward. At least 8,000 active wells are operating today according to the FEIS, and other estimates suggest that there are at least 12,000 wells. The wells are, of course, accompanied by other development, including at least 1,250 miles of roads used for private mineral exploitation on these public lands. As a result, mineral development now ranks among the “dominant disturbance processes affecting forest vegetation” in the Allegheny. These disturbances can be quite dramatic: For instance, an oil company is presently making plans to place as many as 160 new wellsites atop a treasured scenic overlook in the heart of the forest. In addition to the vast road network and the industrialization of the forest land, oil spills occur. In 2008, for instance, vandals were able to open valves on 25 oil storage tanks in the forest, filling beaver ponds with oil and covering a reservoir with a “brown mess.” Regular operations, too, of course lead to pollution ranging from oil and gas byproducts and run-off to releases of air pollutants.”

This national analysis accompanies the legal suit that the Sierra Club and others have filed to force the Forest Service to adopt mandatory environmental review and public comment of oil and gas project proposals.