Sarah McMillan Rebecca Fischer, pro hac vice Mont. Bar No. 3634 … · 2018. 12. 20. · 1 Sarah McMillan Mont. Bar No. 3634 WildEarth Guardians P.O. Box 7516 Missoula, MT 59807 (406)

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Sarah McMillan Mont. Bar No. 3634 WildEarth Guardians P.O. Box 7516 Missoula, MT 59807 (406) 549-3895 [email protected]

Rebecca Fischer, pro hac vice Colo. Bar No. 51604 WildEarth Guardians 2590 Walnut Street Denver, Colorado 80205 (406) 698-1489 [email protected]

Samantha Ruscavage-Barz, pro hac vice NM Bar No. 23276 WildEarth Guardians 516 Alto Street Santa Fe, New Mexico 87501 (505) 401-4180 [email protected] Counsel for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA

GREAT FALLS DIVISION WILDEARTH GUARDIANS, Plaintiff,

Case No. CV-18-110-GF-BMM

v.

ELAINE L. CHAO, in her official capacity as Secretary of the U.S. Department of Transportation, et al. Federal-Defendants.

STANDING DECLARATION OF JEREMY NICHOLS

Case 4:18-cv-00110-BMM Document 23-1 Filed 12/20/18 Page 1 of 19

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I, Jeremy Nichols, declare as follows:

1. The facts set forth in this declaration are based on my personal knowledge. If called

as a witness in these proceedings, I could and would testify competently to these facts.

2. I currently reside in Golden, Colorado where I live with my wife, my two teenage

sons (16 and 14), and our dog.

3. I am a member and employee of WildEarth Guardians and have been since August

2008. WildEarth Guardians is a 30-year old non-profit environmental organization dedicated to

protecting and restoring the wildlife, wild places, wild rivers, and health of the American West.

A statement of WildEarth Guardians’ mission and its general goals and vision is online at

https://wildearthguardians.org/about-us/mission-vision-history/. WildEarth Guardians is

headquartered in Santa Fe, New Mexico, but maintains offices in Missoula, Montana, Denver,

Colorado, Tucson, Arizona, Portland, Oregon, as well as home offices in other locations. I

support the mission of the organization, both personally and professionally.

4. I am WildEarth Guardians’ Climate and Energy Program Director. As Director of the

Climate and Energy Program, I advocate for clean energy solutions that can help our society shift

away from relying on fossil fuels in order to safeguard our climate, clean air, and communities.

In my advocacy, I work to highlight the costs, including tangible financial costs and more

intangible environmental and health costs, of fossil fuel production and consumption upon clean

water, clean air, wildlife, the climate, human health, and to our public lands. My aim is to help

our country recognize the costs of fossil fuels and take action to limit these costs to ensure

protection of our environment, our health, and the integrity of our future. I personally believe

very strongly in this work.

5. I am an avid outdoor recreationist. I’ve lived all my life in the American West, first


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growing up in Idaho, then living in Wyoming for awhile, and now living in Colorado for nearly

15 years. I have always lived near federally managed public lands in the American West and I

deeply value these lands for the outdoor recreation opportunities they provide. My Dad worked

for the U.S. Bureau of Land Management (“BLM”) in southwestern Idaho and taught me a deep

appreciation of public lands and the amazing privilege we, as Americans, have in enjoying and

using them. I enjoy hiking, camping, wildlife viewing, skiing, hunting, fishing, floating,

experiencing archaeology, and rockhounding on public lands.

6. All my life, I’ve spent considerable amounts of time outdoors visiting and enjoying

public lands in every western state. For example, in March of this year, I visited public lands

within and adjacent to the Upper Missouri River Breaks National Monument near Fort Benton

and Big Sandy, Montana while visiting friends in the area. I made the plans several months in

advance, so didn’t anticipate all the snow, but we still visited public lands in the area and had a

ball hiking along the river in the snow, viewing wildlife, especially raptors, and enjoying the

beauty of the landscape. Also, this past July, my wife and I dropped our kids off with

grandparents in Idaho and spent two weeks hiking, fishing, and camping on public lands in the

West Fork of the Bitterroot River Valley in western Montana. Afterward, we visited family in

northern Idaho and spent several days hiking on federally managed public lands near Coeur

d’Alene, enjoying the scenery of the region, searching for wildlife, and searching for

huckleberries, although it was a bit too early. On our way to Montana and northern Idaho, we

also spent two days hiking and camping in public lands that are part of the Red Desert of

southwestern Wyoming. Also, this past November, my oldest and son and I attempted to go

chukar hunting in western Colorado. We failed, but still had a blast while hiking, exploring, and

searching for birds on public lands southeast of the town of DeBeque in the Little Book Cliffs


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area. Most recently, I visited public lands in northwestern Colorado in late November while

visiting the area for some meetings. I hiked, searched for wildlife, and enjoyed the scenery of

lands south and east of the town of Craig, Colorado. I intend to continue visiting federally

managed public lands for enjoyment for the foreseeable future.

7. In my visits to federally managed public lands in the Rocky Mountain West,

particularly in Colorado, Montana, New Mexico, Utah, and Wyoming, I frequently come across

oil and gas development. Pumpjacks, tanks, pipelines, compressor engines, and other equipment

associated with oil and gas production are ubiquitous in some areas, particularly in the Rocky

Mountain West’s sedimentary basins.

8. Oil and gas pipelines in particular are a common sight and I have observed them

frequently while recreating on public lands. Sometimes the pipelines and their associated

equipment are actually on the surface. Sometimes pipelines are underground, but identifiable by

warnings signs that have been posted.

9. Below are some examples of oil and gas pipelines I’ve come across while recreating

recently on federally managed public lands, as well as pictures I’ve taken:


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Above, pipeline observed while recreating on BLM-managed public lands in western Wyoming south of the town of Pinedale; observed July 2018. Below, pipeline observed

while recreating on BLM-managed public lands in western Colorado southwest of the town of Debeque; observed September 2017.


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Above, natural gas pipeline warning sign observed while recreating on the Thunder Basin National Grassland in northeast Wyoming south of the town of Gillette; observed

September 2017. Below, natural gas pipeline warning sign observed while recreating on BLM-managed lands that are part of the Upper Missouri River Breaks National

Monument in Montana; observed March 2018.


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Above, pipeline observed while recreating on the Grand Mesa, Uncompahgre, and Gunnison National Forest in western Colorado; observed May 2018. Below, pipeline

warning sign and associated equipment observed while recreating on BLM-managed lands along the Green River in northeast Utah; observed May 2018.


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Pipeline equipment observed at BLM-managed river access point along the Green River in northeast Utah. My family and I had just finished floating the Green River from Flaming

Gorge Dam to this take out point, called Little Hole. Picture taken May 2018.

10. I am aware that many of these pipelines and the others I’ve come across and observed

while recreating on federally managed public lands have been authorized by the BLM via a right

of way. I actually have come across and observed many oil and gas pipelines on public land that

I know for a fact have been approved by the BLM via a right of way. I am aware of this because

of my professional experience in reviewing BLM right of way information, including GIS data,

environmental reviews, and related documents. When the BLM approves a right of way for an

oil and gas pipeline, it assigns the right of way a unique serial number that can aid in

identification of the right of way and pipeline.

11. Oil and gas pipelines have been approved by the BLM via rights of way throughout

the Rocky Mountain West states of Colorado, Montana, New Mexico, Utah, and Wyoming.

Many of these rights of way have been approved within or near lands that are valued and used

for outdoor recreation and for conservation purposes.


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12. For instance, in Montana, the BLM has approved several oil and gas pipelines within

the Upper Missouri River Breaks National Monument in central Montana. This National

Monument is well known for its scenery, its remoteness and opportunities for solitude, its

outdoor recreation opportunities, including floating and hiking, and for its historical significance.

Below is a map I prepared using the online mapping service, ArcGIS.com, which shows the

location of the National Monument (green outline) and the location of BLM-authorized oil and

gas pipelines (in purple). I obtained the BLM’s pipeline data through a Freedom of Information

Act request to the Montana State Office of the BLM.

13. Additionally, the BLM has approved many oil and gas pipelines via rights of way on

public lands in northwestern New Mexico. This region is well known for its cultural

significance. The region contains many ruins and artifacts of the Ancestral Puebloan

civilization, which flourished 1,000 years ago. The region contains Chaco Culture National

Historical Park and is often referred to as the Greater Chaco region. Using data obtained through

a Freedom of Information Act request to the New Mexico State Office of the BLM, I was able to


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map the location of oil and gas pipelines approved via rights of way in the Greater Chaco region

using ArcGIS.com. The map below shows northwestern New Mexico and pipelines (in purple)

authorized by the BLM.

14. The BLM has also authorized many oil and gas pipeline rights of way on public lands

in western Colorado, particularly north of the City of Grand Junction. Using data obtained

through a Freedom of Information Act request to the Colorado State Office of the BLM, I was

able to map the location of oil and gas pipeline rights of way in western Colorado using

ArcGIS.com. The map below shows a portion of western Colorado and rights of way authorized

by the BLM (in red). The Colorado State Office of the BLM only provide data showing the

location of the actual right of way shape, so this particular map shows the actual surface lands

committed to the rights of way.


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15. Examples of some of the oil and gas pipelines approved by BLM right of ways that I

have observed while recreating on public lands include the following, as identified by BLM

serial numbers:

a. COC-031077A: This right of way is located in western Colorado southwest of

the town of Debeque and northeast of the City of Grand Junction. It is located in

an area where there are extensive public lands managed by the BLM. It is located

near the Little Book Cliffs Wilderness Study Area and the South Shale Ridge

Wilderness Study Area. It is located in an area I frequently (once every year) visit

to enjoy outdoor recreation. My last visits to the precise area where the pipeline

is located were in November 2018 and September 2017. During both visits, I

hiked in the area, viewed wildlife, enjoyed the scenery, searched for fossils, and

took photographs. I intend to return to this area to recreate outdoors in the May of

2019. The pipeline, which appears to be a natural gas gathering pipeline, is very

noticeable as it rises to the surface at many locations in the area. Below is a


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picture I took of a portion of the pipeline that was authorized as part of COC-

031077A.

b. COC-050897: This right of way is located in western Colorado northwest of the

City of Grand Junction. It is located in an area where there are extensive public

lands managed by the BLM. It is located in the Book Cliffs area, an area that is

very popular for hiking, mountain biking, hunting, and rockhounding. It is

located in an area I regularly (around once every other year) visit to enjoy outdoor

recreation. My last visits to the precise area where the pipeline is located were in

June of 2017, June of 2016, August 2014, and June of 2009. During both visits, I

hiked in the area, viewed wildlife, enjoyed the scenery, searched for fossils, and

took photographs. I intend to return to this area to recreate outdoors in late

summer 2019. The pipeline, which appears to be a natural gas gathering pipeline,

is very noticeable as it rises to the surface at many locations in the area. Below

are some pictures I took of a portion of the pipeline that was authorized as part of


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COC-050897.

c. UTU-076958: This right of way is located in northeast Utah. It crosses and runs


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adjacent to the Green River right before it enters the State of Colorado. It is

located in an area where there are extensive public lands managed by the BLM. It

is located in the Browns Park area of the Uinta Mountains, an area that is very

popular for hiking, river floating and fishing, mountain biking, hunting, and

rockhounding. It is located in an area I regularly (around once every three years)

visit to enjoy outdoor recreation. My family and I greatly enjoy visiting this area

to float and fish on the Green River. My last visits to the precise area where the

pipeline is located were in May of 2018, June of 2015, and July of 2011. During

both visits, I hiked in the area, floated the Green River, viewed wildlife, enjoyed

the scenery, searched for fossils, and took photographs. I intend to return to this

area to recreate outdoors most likely during the Fourth of July in 2020. The

pipeline is very noticeable as it rises to the surface at many locations in the area.

You can actually see warning signs for the pipeline while floating the Green River

in the area. Below is a picture I took of a portion of the pipeline that was

authorized as part of UTU-076958, as well as a picture of our boats on the Green

River in this same area.


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d. NMNM-131508: This right of way is located in the Greater Chaco region of

northwest New Mexico. It is located in an area where there are extensive public

lands managed by the BLM. It is located northwest of Chaco Culture National

Historical Park, an area that is very popular because of its archaeological sites,


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hiking, and rockhounding. It is located in an area I regularly (around once a year)

visit to enjoy outdoor recreation and enjoy exploring and learning about the

region’s cultural significance. My last visits to the precise area where the pipeline

is located were in June of 2017, March of 2017, May of 2015, and August 2014.

During these visits, I hiked in the area, viewed wildlife, enjoyed the scenery,

searched for fossils and archaeological sites, and took photographs. I intend to

return to this area to recreate outdoors in April of 2019. The pipeline is very

noticeable as it rises to the surface at many locations in the area. Signs warning

of the pipeline also identify it as NMNM-131508. Below is a picture I took of a

portion of the pipeline that was authorized as part of NMNM-131508.

16. As I’ve recreated on federally managed public lands over the years and come across

and observed oil and gas pipelines, including the aforementioned pipelines, I have come across

oil spills, rusted equipment and installations, sounds of leaking gas, and the smells of oil and gas.

For example, when recreating on public lands where the pipeline authorized by right of way


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COC-050897 is located, I have seen that where the pipeline and its equipment are on the surface,

there is extensive rusting. Also, when recreating on public lands where the pipeline authorized

by right of way COC-031077A is located, I have heard gas escaping from the pipeline’s surface

equipment. Also, when recreating on public lands where the pipeline authorized by right of way

NMNM-131508 is located, I have smelled gas coming from the pipeline equipment. These

sights, sounds, and smells are not only offensive and detract from my recreational enjoyment of

public lands, but cause me great concern over the impacts and risks to my health and safety. As I

continue to recreate on public lands in the American West, including lands where the

aforementioned pipelines are located, I will continue to be harmed.

17. I am aware that oil and gas, when released into the environment, can be very harmful.

It can release gases that are toxic and can cause serious injury or death. Seeing degraded

pipelines, hearing leaks, and smelling releases makes me extremely concerned that the pipelines

I have come across and will continue to come across in the foreseeable future will rupture or leak

more significantly, causing great damage. I know the release of oil and gas can contaminate land

and water. It can also ignite and cause fires and explosions, which can also cause injury or

death. Seeing rusted pipelines and equipment, hearing gas leaks from pipelines, and smelling

gas leaks from pipelines while recreating on public lands detracts from my enjoyment of these

lands because it makes me worried and anxious that I could be harmed. My recreational

enjoyment of public lands would not be as diminished if these unsightly sights, worrisome

sounds, and foul smells were reduced, if not eliminated.

18. As I continue to return to public lands where rights of way NMNM-131508, UTU-

076958, COC-050897, COC-031077A are located, as well as where other oil and gas pipelines

are located, my enjoyment of public lands will be diminished.


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19. I am aware that the Secretary of the U.S. Department of Transportation is legally

charged with ensuring oil and gas pipelines, as well as their associated facilities, approved by the

BLM or other federal agencies via rights of way are inspected, or examined, at least once a year.

In my outings to federally managed public lands in the American West, I am very concerned that

the Department of Transportation is not ensuring the inspection of oil and gas pipelines. I have

seen pipelines that appear to be neglected, have heard leaks from pipelines, and have smelled

odors of oil and gas from pipelines. It is difficult to believe that these pipelines and their

associated equipment have been inspected and been given a clean bill of health. I know for a

fact that the Transportation Department has acknowledged it has no records that the pipeline

authorized under right of way COC-031077A has ever been inspected.

20. The failure of the Secretary of Transportation to ensure annual inspections of oil and

gas pipelines and their associated facilities on federally managed public lands raises serious

concerns and worries that my health and safety is at risk whenever I come across pipelines while

recreating on public lands. This worry diminishes my enjoyment of recreating on public lands as

it makes me anxious, concerned, and less able to focus on my recreational experience. My

worries are heightened when I’m with my family recreating on public lands and come across oil

and gas pipelines and their associated facilities.

21. I am aware that the Department of Transportation explicitly excludes natural gas

gathering pipelines from any inspection requirements. Many of the oil and gas pipelines I come

across while recreating on federally managed public lands are natural gas gathering pipelines,

including the aforementioned pipelines authorized under rights of way NMNM-131508, COC-

050897, COC-031077A. The fact that the Secretary of Transportation does not cause these

pipelines to be inspected heightens concerns for my health and safety when I come across them,


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diminishing my enjoyment of outdoor recreation more significantly. As I continue to return to

public lands, including the lands where NMNM-131508, COC-050897, COC-031077A are

located, my enjoyment of outdoor recreation will be diminished.

22. If the Secretary of the U.S. Department of Transportation would comply with her

legal obligation and cause the inspection of oil and gas pipelines on federally managed public

lands on an annual basis, my recreational enjoyment of public lands would not be as diminished.

I am certain that I would not see rusted pipelines and facilities, I would not hear leaks, and I

would not smell releases from pipelines and their associated facilities. Importantly, if

inspections were being conducted, I would not be as worried and anxious over my health and

safety. I would feel much more reassured that the risks associated with oil and gas pipeline

releases, ruptures, and explosions would be reduced, if not eliminated, due to attentive and

regular inspections.

23. A ruling in this case in favor of WildEarth Guardians would diminish the harms I

have experienced while recreating on public lands in the American West and make it more likely

that my future visits to the region will be more enjoyable and fulfilling.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the

United States that the foregoing is true and correct to the best of my knowledge, information, and

belief.

Executed at Golden, Colorado on December 19, 2018.

_________________________________ Jeremy Nichols


Documents

Sarah McMillan Rebecca Fischer, pro hac vice Mont. Bar No. 3634 … · 2018. 12. 20. · 1 Sarah McMillan Mont. Bar No. 3634 WildEarth Guardians P.O. Box 7516 Missoula, MT 59807 (406)