| What do we know? When the
controversy concerning coal development in eastern
Montana took place in the 1970's, those who
promoted development made their case in part on
the basis of local economic need. Those opposing
development appealed largely to state and federal
statutes governing utility siting, clean air, and
clear water.
The first conclusion I took away from the
Conference is that the present situation with
respect to coal bed methane development is
somewhat reversed. Promoters appeal to state and
federal statutes which encourage development and
to the pressing national need for domestic energy
supplies. The opposition looks to county
authorities and the possibility of forming local
zoning districts to slow or alter development.
But, second conclusion, the county authorities
do not have the financial or technical resources
to control coal bed methane development, and where
local ordinances have been enacted, they have
generally been tossed out by the courts. This was
clear in Gary Bryner's review of 10 Colorado cases
where development was contested. Given the
"conservation" clause in most western state
constitutions, in which the states are enjoined
not to "waste" natural resources, this result is
not at all surprising.
The third conclusion, however, is that coal bed
methane is very much a local issue. Water quality,
the crucial concern of those who are wary of
development, varies enormously from one site to
the next. As was pointed out, water from CBM wells
goes directly into the Gillette water system,
while in other places it is toxic. There are no
over-riding generalizations about the
environmental impacts of development.
Where do we go? First, those who want to temper
the pace and character of development should not
concentrate their efforts on local ordinances. It
was clear to me that the political issue here is a
state issue, and will be resolved in the state
legislature, and perhaps also in federal courts.
At the same time, more money has to be made
available to local authorities from state and
federal agencies to conduct the base-line studies
without which development is unguided.
Second, with the mistakes already made in
Colorado and Wyoming clearly visible, both the
developers and individual land/mineral owners can
and must work out the details of an acceptable
lease agreement. Nancy Sorenson, a rancher from
Wyoming with long experience in this area, had
some valuable suggestions. The situation is
complicated by the prevalence of "split estates."
But it is in both landowner's and mineral owner's
interest to work together.
Randy Udall supplied a helpful larger
perspective. Montana natural gas is only going to
grow more valuable. We can afford to take our time
to do it right, particularly since full-scale and
immediate development would not appreciably alter
the national energy picture. The only way in which
that picture can be appreciably altered is by way
of systematic energy conservation on the one hand
and the development of renewable energy resources
on the other.
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