Tag Archives: Solonex

Final oil & gas lease to be relinquished in Montana’s Badger-Two Medicine region

Badger-Two Medicine Region
Badger-Two Medicine Region

Finally! Solonex has given up the remaining oil and gas lease in the Badger-Two Medicine region.

From the official USDA press release . . .

WASHINGTON – The Departments of Agriculture and the Interior today announced that, as part of a settlement with the sole remaining lessee, the final federal oil and gas lease in the Badger-Two Medicine area will be relinquished. This significant milestone, decades in the making, will help ensure that the natural and cultural resources on the ancestral homelands of the Blackfeet Nation are protected.

“The Badger-Two Medicine area is a place of profound cultural and spiritual importance to the people of the Blackfeet Nation,” said Agriculture Secretary Tom Vilsack. “Today’s action will protect this land for this generation and generations to come, and serves as a marker of the Biden-Harris Administration’s commitment to protecting treasured pieces of our national heritage like the Badger-Two Medicine area.”

“The Badger-Two Medicine area continues to have cultural and religious significance to the Blackfeet Nation, which has stewarded that land since time immemorial. Oil and gas development would have had irreparable impacts on these sacred homelands. Today’s action closes the chapter on development threats to this special place and recognizes the importance of protecting these lands for future generations,” said Secretary of the Interior Deb Haaland. “The Biden-Harris administration is committed to working with Tribes to protect Indigenous homelands and ensure the preservation of their natural and cultural resources.”

The Badger-Two Medicine area encompasses approximately 130,000 pristine acres in Lewis and Clark National Forest, adjacent to Glacier National Park, two wilderness areas, and the Blackfeet Indian Reservation. Badger-Two Medicine was once a part of the Reservation. Although it was ceded in 1896, the Badger-Two Medicine area continues to have cultural and religious significance to the Blackfeet Nation, which has consistently raised concerns about development in the area.

 

Background

The Department of the Interior’s Bureau of Land Management issued 47 federal oil and gas leases in the Badger-Two Medicine area in 1982, but an environmental impact statement was never prepared prior to the issuance of an application for permit to drill. This led to several years of litigation – and the cancellation of the lease in 2016 by then-Secretary Sally Jewell, followed by further litigation – during which time the lease remained suspended.

Congress permanently withdrew the entire area from oil and gas leasing, subject to valid existing rights, in 2006, providing tax incentives for existing lessees who voluntarily relinquished their leases. One remaining lessee did not voluntarily relinquish its lease until today’s settlement agreement.

In 2002, a portion of the Badger-Two Medicine area was established as a Traditional Cultural District, and in 2014, based on additional documentation provided by the Department of Agriculture’s U.S. Forest Service, that area was expanded to encompass approximately 165,000 acres, including the lands covered by the leases.

Judge reinstates drilling lease in Badger-Two Medicine

Badger-Two Medicine Region
Badger-Two Medicine Region

The zombie case that just won’t die…

A federal judge on Friday reinstated the last remaining drilling lease on land in the Badger-Two Medicine region near the Blackfeet Reservation, renewing the threat of industrialization on lands held sacred to the tribe even as its cultural leaders pledge to continue their fight.

“It’s just more of the same from people who refuse to consult with the Blackfeet Nation about the industrialization of our last cultural refuge,” John Murray, the Blackfeet Tribal Historic Preservation Officer, said in a prepared statement. “We’ve lived under this kind of reckless threat to our sacred lands for decades, and we will never surrender to roads and drill rigs in the Badger-Two Medicine.”

The long-disputed energy lease in the Badger-Two Medicine area flanking Glacier National Park was canceled in 2016 under then-U.S. Interior Secretary Sally Jewell, a decision upheld by a federal appeals court in 2020.

Continue reading . . .

Solenex sues Interior over Badger-Two Medicine ruling

The sun sets over the Badger-Two Medicine area near Browning in March 2016 - AP
The sun sets over the Badger-Two Medicine area near Browning in March 2016 – AP

They’re baaack! . . .

Attorneys for a Louisiana oil and gas company have asked a federal judge to reinstate a drilling lease it held on land considered sacred to Native American tribes in the U.S. and Canada.

The long-disputed energy lease in the Badger-Two Medicine area of northwestern Montana near the Blackfeet Reservation was cancelled in 2016 under then-U.S. Interior Secretary Sally Jewell. That decision was upheld by a federal appeals court last year.

Now Solenex LLC — the company that held the lease — is making another run at getting a court to restore its drilling rights. In court documents filed Thursday in a lawsuit against the Interior Department, its attorneys argued that Jewell exceeded her authority and the lease should be reinstated.

Continue reading . . .

Court upholds cancellation of Solonex’s Badger-Two Medicine oil and gas lease

The sun sets over the Badger-Two Medicine area near Browning in March 2016 - AP

Solonex lost big in court this week in their effort to retain their oil and gas lease in the Badger-Two Medicine. Unless the case goes to the Supreme Court, that puts paid to the last lease in the region . . .

A federal appeals court in Washington, D.C. upheld the cancellation of the last remaining federal oil and gas lease in Montana’s Badger-Two Medicine region adjacent to Glacier National Park on Tuesday. The historic decision protects lands and waters sacred to the Blackfeet and critical for wildlife habitat, advocates for the region noted.

The 6,200-acre lease, held by Louisiana-based Solenex LLC, was one of many issued by the federal government in the early 1980s. Since then, with the leases under suspension for environmental and cultural review, other companies voluntarily retired all holdings in the Badger-Two Medicine, noting the area’s rich natural and cultural values. Solenex, however, filed a 2013 lawsuit demanding the right to begin drilling in the Badger-Two Medicine backcountry.

In March 2016, the Obama Administration responded to that Solenex demands by canceling the company’s holding, saying the lease had been improperly issued in violation of environmental law and without required tribal consultation. Solenex again sued, seeking to overturn that decision, and a federal district court ruled for the company in September 2018, reinstating Solenex’s lease. But today the U.S. Court of Appeals for the D.C. Circuit reversed that ruling, and restored the cancellation of the Solenex lease.

In their ruling, the Appeals Court judges fully vacated the lower court’s judgment . . .

Read more . . .

Appeals Court hears oral arguments in Badger-Two Medicine oil and gas case

 

The sun sets over the Badger-Two Medicine area near Browning in March 2016 - AP

As we mentioned yesterday, the latest chapter in the battle over oil and gas leases in the Badger-two Medicine region opened with oral arguments before a three-judge panel of the U.S. Circuit Court of Appeals in Washington, D.C.

The Missoulian has an excellent report on the hearing . . .

The legal battle over oil-drilling leases in the Badger-Two Medicine area continued Tuesday, with attorneys for the leaseholder accusing the U.S. government of “arbitrary and capricious” behavior and lawyers for local environmental groups emphasizing the land’s environmental and cultural importance before the U.S. Court of Appeals.

Reagan-era drilling leases in the Badger-Two Medicine, a territory next to the Blackfeet reservation held sacred by members of that tribe, have drawn controversy for years. In late 2016 and early 2017, the Bureau of Land Management cancelled the leases held by Solenex LLC and W.A. Moncrief, Jr., drawing a lawsuit from those firms. In September 2018, Judge Richard Leon in U.S. District Court for the District of Columbia ordered them reinstated.

In the legal wrangling that followed, Moncrief reached a settlement and agreed to relinquish its leases. But Louisiana-based Solenex is still defending its lease from appeals filed by the federal government and a coalition of Montana environmental groups, represented by Earthjustice. The U.S. Court of Appeals heard oral arguments from attorneys representing that group, the federal government and Solenex Monday.

Read more . . .

Last Badger-Two Medicine energy ease on the line

Badger-Two Medicine Region
Badger-Two Medicine Region

The next chapter in the battle over oil and gas leases in the Badger-two Medicine region opens today with oral arguments before a three-judge panel of the U.S. Circuit Court of Appeals in Washington, D.C.

The Flathead Beacon has a good article, including links to online information . . .

Last October, leaders of the Blackfeet Nation celebrated a major victory in their mission to furnish permanent protections on the Badger-Two Medicine area when Moncrief Oil relinquished an energy lease spanning more than 7,000 acres along the Rocky Mountain Front.

The news provided a capstone to a monumental effort by the Blackfeet and numerous other stakeholders determined to preserve one of the last best places and rid the region of the looming threat posed by energy holdings.

It also meant that one oil-and-gas leaseholder still remained in the Badger-Two Medicine area, a place held sacred by the Blackfeet and which provides habitat to a range of wildlife, including grizzly bears, wolves, wolverine, elk, and cutthroat trout. It serves as the headwaters of two drainages, Badger Creek and the South Fork Two Medicine River, which together water the reservation and the northern plains of Montana.

Read more . . .

Moncrief retires drilling lease in Badger-Two Medicine; one more to go

Badger-Two Medicine Region
Badger-Two Medicine Region

Well, now. This is good news. Moncrief Oil relinquished their drilling lease in the The Badger-Two Medicine region Tuesday, leaving only one, stubborn holdout: Solonex . . .

Leaders of the Blackfeet Nation on Tuesday celebrated another victory in their mission to furnish permanent protections on the sacred Badger-Two Medicine area after Moncrief Oil relinquished an energy lease spanning more than 7,000 acres along the Rocky Mountain Front.

With the announcement of the relinquishment of Moncrief’s lease, there remains only one oil and gas leaseholder in the Badger Two Medicine area, Solenex LLC. The company’s 6,200-acre lease was cancelled by the government in 2016, but reinstated in 2018 after the D.C. District Court ruled in favor of Solenex. The case is currently in the United States Circuit Court of Appeals in Washington, D.C.

Still, the news on Tuesday prompted an outpouring of gratitude from members of the Blackfeet Nation, for whom the Badger-Two Medicine carries deep historical and cultural significance, as well as from conservation groups intent on preserving the area’s ecological heritage.

Read more . . .

Conservation groups cry foul in Pendley case

Badger-Two Medicine Region
Badger-Two Medicine Region

Oh, boy. A property rights lawyer with  significant connections to Solonex just got appointed as Deputy Director of Policy and Programs for the Bureau of Land Management, We’re talking a major, let the fox guard the henhouse, conflict of interest in the ongoing lawsuit over oil and gas leases in the Badger-Two Medicine . . .

An attorney for an oil company that is suing the federal government to drill for oil and gas in the Badger-Two Medicine region just south of Glacier National Park was recently named Deputy Director of Policy and Programs for the Bureau of Land Management, drawing charges that there’s a clear conflict of interest in the case.

William Perry Pendley, was a longtime attorney for the Mountain States Legal Foundation, which represents the Solonex Corp.

As of 2018, Pendley was listed as the attorney of record for Solonex, though the Foundation’s website no longer lists him as an attorney with the organization and his BLM profile makes no mention that he long argued cases for the Foundation.

Read more . . .

In Badger-Two Medicine, Interior to defend Solonex cancellation, but lets Moncrief lease ride

Badger-Two Medicine Region
Badger-Two Medicine Region

This is likely not as bad as it sounds. The feds are going to dig in and fight the Solonex lease in the Badger-Two Medicine region. The Moncrief lease doesn’t even have a permit to drill and would require a huge battle just to get past that step. I’d guess the government made the pragmatic determination to concentrate their resources on the larger threat. If they win against Solonex, the Moncrief lease is probably toast, too.

Anyway, here’s the write-up . . .

In a dramatic change of course, attorneys representing the U.S. Department of the Interior filed paperwork announcing they will not defend the cancellation of one of the last remaining oil and gas leases on the 130,000-acre Badger-Two Medicine, an area flanking Glacier National Park that holds cultural and ecological significance to members of the Blackfeet Nation.

Former Interior Secretary Ryan Zinke, a Whitefish native, had previously said he would defend the lease cancellations.

While members of the Blackfeet Nation expressed disappointment and frustration in the Interior’s decision not to fight an appeal by lease-owner W.A. Moncrief Jr, the Interior Department is expected to defend the cancellation of a second lease held by Solenex LLC of Baton Rouge, which is also being fought on appeal.

Read more . . .

Federal judge reinstates Badger-Two Medicine oil leases

Badger-Two Medicine Region
Badger-Two Medicine Region

A D.C. District Court judge reinstated a set of disputed oil leases in the Badger-Two Medicine region. The saga continues. Expect an appeal . . .

The government’s decision to cancel an oil and gas lease in the Badger-T
wo Medicine area of Montana was “arbitrary and capricious” and the lease should be reinstated, a federal judge says.

In a ruling issued Monday, U.S. District Judge Richard Leon of the U.S. District Court for the District of Columbia reiterated what he said in a previous order in the case in which he criticized the government for first delaying implementation of the lease for 29 years before finally canceling it.

Read more . . .

Also read…
Ruling Gives Sacred Montana Tribal Lands Back to Industry (Wilderness Society)