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NewsPOGAM files appeal of Allegheny National Forest land use planWARREN, PA (6/25/2007) - The Pennsylvania Oil and Gas Association on June 22 filed a formal appeal with the U.S. Forest Service objecting to a number of provisions contained in the agency’s Land and Resource Management Plan. The LRMP was finalized in March . POGAM’s objections focused on the Record of Decision for the plan that was issued by the USFS regional forester Randy Moore and the Design Criteria set forth in Section 2800 "Minerals and Geology, Oil and Gas Development" in the LRMP. In particular, POGAM expressed grave concern with elements of the plan that indicate a major change of USFS management policy regarding the relationship between the ANF land surface and underlying oil, gas and mineral rights that have been privately owned and controlled since the ANF was established a century ago. "In essence, the Forest Service is trying to use its new plan as a tool for overturning a century of well-established law that defines the relationship between oil and gas producers and the federal government—the co-owners of the ANF," POGAM President Steve Rhoads explains. Regional Forester Randy Moore uses the ANF plan in an unlawful attempt to seize administrative control of oil and gas development in the forest. POGAM’s appeal notes that the plan violates both Pennsylvania and federal law by inverting the established rights of the dominant private OGM estate and the servient federal surface estate. "It purports to give the Forest Service a veto right over private oil and gas development activities—a right it does not possess," POGAM states in the appeal. "It does so by requiring the developer of the OGM estate, in order to gain access to the federal surface, to prove that its proposed activity is ‘necessary’ in relationship to ‘operational standards.’" In the appeal, POGAM challenges the Forest Service’s attempt to overrule administratively the OGM owner’s basic rights to the reasonable use of the surface estate in order to develop the mineral resources. POGAM argues that the exercise of this core property right is not subject to the ultimate approval of the surface owner. On the contrary, the true standard for the development of the private mineral estate in the ANF was established in the 1980 Minard Run case. "The goal of this plan for mineral development is pretty straightforward," Rhoads observes. "The new ANF management team has concluded that oil and gas development is inappropriate in the national forest, and it has conjured up a magical new veto power to rein in any oil and gas activity that occurs on the forest surface." A copy of POGAM's appeal can be downloaded below. Operators in the ANF should follow the directions below to file appeals by July 2. Filing an appeal of the Allegheny National Forest Land and Resource Management Plan Oil and gas operators who work in the ANF are strongly urged to file their own appeal of the Forest Service's newly completed management plan. Here is what you need to do:
If you have questions, please contact POGAM. Related LinksRelated Files |
