NEPA, FLPMA, and Impact Reduction: An Empirical Assessment of BLM Resource Management Planning and NEPA in the Mountain West
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NEPA, FLPMA, AND IMPACT REDUCTION: AN EMPIRICAL
ASSESSMENT OF BLM RESOURCE MANAGEMENT
PLANNING AND NEPA IN THE MOUNTAIN WEST
BY
JOHN RUPLE* & MARK CAPONE**
This Article reviews Environmental Impact Statements (EIS)
completed in conjunction with Resource Management Plan (RMP)
revisions conducted by the Bureau of Land Management (BLM) in
Colorado, Montana, Utah, and Wyoming between 2004 and 2014. Based
on our review of sixteen EISs, we found that RMP revisions increased
application of more protective surface use stipulations by statistically
signifcant amounts without causing a statistically significant change in
either the number of jobs created or the pace of oil and gas
development. In fact, both the number ofjobs created and wells drilled
increased slightly despite strengthened environmental protections. We
also found that Draft RMP EISs that are completed on an accelerated
timeline come with a heightened risk that supplementation will be
needed. The delays associated with preparing a Supplemental EIS far
outweigh the timesaving associated with fast-tracking Draft EIS
preparation and provide a strong caution against rushing the NEPA
process.
* Associate Professor of Law (Research) and Wallace Stegner Center Fellow, S.J. Quinney
College of Law at the University of Utah.
** Attorney Advisor, Office of the General Counsel, National Oceanic and Atmospheric
Administration, United States Department of Commerce.
The authors would like to thank the 444S Foundation, the Natural Resources Defense Council,
and the Partnership Project for assistance funding this research effort. This project would not
have been possible without their generous support. Project funders were not, however, involved
in study design; in the collection, analysis and interpretation of data; in the writing of the report;
or in any other aspect of the research. The authors would also like to thank Professor Robert
Keiter for his careful review of and thoughtful comments on drafts of this paper. The authors
are also grateful to Seth Latimer, Senior Research Analyst at the University of Utah's College of
Nursing, and Jason L. Jones, Ecologist/Herpetologist with the Nevada Department of Wildlife,
for their assistance with the statistical analysis contained herein. The authors are solely
responsible for the opinions, recommendations, and any errors or omissions contained herein.
Furthermore, the views and opinions expressed herein do not reflect those of the National
Oceanic and Atmospheric Administration.
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NEPA, FLPMA, and Impact Reduction: An Empirical Assessment of BLM Resource Management Planning and NEPA in the Mountain West
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