Friends,

We are gearing up at Glacier-Two Medicine Alliance this spring for two major milestones in the long walk to permanently protecting the Badger-Two Medicine. Both of these development will have a significant impact on the future of the land, water, and wildlife of this spectacular region.  Here’s what you need to know to help us meet them head-on.

#1 – Coming to a Forest near you.. The Helena-Lewis and Clark Forest Plan Revision

The end of a three-year planning process for the revised forest plan for the Helena-Lewis and Clark National Forest is expected as soon as next month.

As wonky as it may sound, the revised forest plan for the Helena-Lewis and Clark National Forest is a really big deal for those of us who care about protecting clean water, wild lands, and wildlife.   For the next decade and beyond, this plan will shape how the forest manages vegetation, grazing, fish and wildlife habitat, watersheds, and public recreation on its approximately 2.8 million acres of public lands.   It also makes recommendations about which areas should be designated as Wilderness and what rivers and streams are suitable for inclusion in the Wild and Scenic Rivers Act.

Glacier Two-Medicine Alliance and its supporters have worked hard to ensure the plan includes strong components that safeguard water quality, wildlife habitat, and quiet backcountry recreation opportunities in the Badger-Two Medicine. We’ve also supported components that honor Blackfeet treaty rights, that direct the Forest Service to be a better partner with the Blackfeet government on certain management activities, and that protect the integrity of the Traditional Cultural District that overlays the Badger-Two Medicine region.

Many of our members submitted comments over the years and we will soon learn whether the Forest Service has listened to our guidance.

Once it is released, you can count on Glacier-Two Medicine Alliance to fully review it and provide you with prompt analysis of its strengths and weaknesses.  We also intend to host a public hearing with the Forest Service to discuss how the plan will guide future management of the Badger-Two Medicine area.

#2 The Fate of the Final Oil and Gas Lease

That may sound like a bad movie title, but in all seriousness, only 1 lease remains of the 47 that were illegally issued in the early 1980s. After all these years, it’s still hard to believe anyone would want to drill in the Badger-Two Medicine, but Solenex, LLC, is still doggedly intent on developing a 6,240 acre lease at Hall Creek, over the objections of pretty much everyone.

A quick history recap.  This past January the D.C. Circuit Court of Appeals heard oral arguments whether the lease should be cancelled or reinstated. As you may recall, the lease was cancelled back in 2016 by the Department of Interior following an exhaustive analysis that confirmed its development would irreparably harm both Blackfeet cultural sites in addition to fish, wildlife, and other natural resources.

In response, Solenex filed a lawsuit against the federal government seeking to reverse the decision. Glacier-Two Medicine Alliance, along with five other organizations, intervened alongside the Trump Administration to defend Interior’s lease cancellation decision. Unfortunately the D.C. district court ordered the lease reinstated. Along with the Trump Administration we and our partners appealed to the D.C. Circuit Court, whose ruling we now await.

So what comes next?  We are cautiously optimistic that the court will rule in our favor and that the decision will mark the end of a more-than 35-year odyssey to keep oil and gas out of the Badger-Two Medicine.  However, the fate of this particular lease could still take years to resolve depending on how Solenex LLC proceeds.

Essentially, if the court rules in our favor, Solenex LLC has two options.

 1)     They can accept the ruling, the lease is cancelled and we all celebrate with cake and beverages.

2)     Or the company may appeal the ruling and even petition the Supreme Court to hear the case, setting up potential additional legal challenges and delays that we will need to be prepared for.

While we have no idea what Solenex LLC will decide to do, it is worth bearing in mind they are represented by Mountain States Legal Foundation, a hard-line private property rights firm formerly headed by William Perry Pendley (if that name sounds familiar we will have more on him in a coming blog).

What matters here is that according to Mr. Pendley, Mountain States goal with every case is to get to the Supreme Court level in hope of establishing a legal precedence that strengthens private property rights. In this particular case, they are trying to limit the lawful scope of administrative authority to cancel an energy lease even in situations like in the Badger, where clear legal errors in the issuance of the lease occurred. Such precedence, if established, would be damaging to the ability of federal land managers across the country to steward public lands and natural resources in the public interest.

While Glacier-Two Medicine Alliance is hopeful this issue will never get to the Supreme Court, we want our supporters to be aware of this potential.  Rest assured that whatever happens, Glacier-Two Medicine Alliance will pursue all possible remedies until this last lease is finally retired.  Only then will the Badger-Two Medicine be free once and for all from the threat of oil and gas development.