Overnight Energy: Green groups see legal flaws in Trump's Arctic drilling plan | 14 states sue Trump administration over gas transportation rule | Conservation groups push lawmakers for Pendley's removal

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CHILL BABY CHILL: The Trump administration’s effort to open up drilling across more than a million acres in the Arctic National Wildlife Refuge (ANWR) faces significant legal hurdles, according to experts who are likely to assist in challenging the newly announced plan.

The Interior Department on Monday finalized plans to move ahead with a longstanding item on the GOP’s wishlist: allowing drilling in the Alaskan wilderness. The move could have dire consequences for polar bears, caribou, birds and other species that live in the coastal area in the northern part of ANWR.

But environmental lawyers argue the Trump administration was lax in conducting the reviews needed to proceed and ignored key requirements established by Congress when it gave the green light for oil exploration in late 2017.

“Congress passed a law that said hold lease sales in the coastal plain, and what the Trump administration has done is take a completely maximalist approach … and in so doing has violated other laws like the National Environmental Policy Act and the Endangered Species Act all designed to protect the resources,” Erik Grafe, deputy managing attorney of Earthjustice’s Alaska office, told The Hill.

The nearly 1.6 million acres that the Trump administration is opening up for drilling are a fraction of the refuge’s 19.3 million acres, but the area is still far beyond Congress’s specification for two lease sales each totaling a minimum of 400,000 acres.

Interior Secretary David Bernhardt said he hopes to hold sales for the 1.6 million acres by the end of next year with another round in 2024.

David Hayes, a deputy Interior secretary during the Obama administration who’s now with New York University’s School of Law, said developing such a large parcel is complicated by another provision of the 2017 GOP tax law that authorized the lease sales: All the infrastructure for drilling — the well pads, the supporting posts for above-ground pipelines, four airstrips — must occupy no more than 2,000 acres.

He doesn’t think the math works.

“That 2,000 acres was never based on evidence. It was a rhetoric invention that took hold in the Congress that you could actually do big oil and gas development in the Arctic for under 2,000 acres,” Hayes said, adding the reality appears to be that “it’s not going to be possible to open up the entire [1.6 million acre] area.”

“That is a clumsy way to try and avoid what appears to be the reality that it’s not going to be possible to open up the entire area,” he added.

But what environmentalists are most upset about — and what is likely to be key to the multiple suits expected on the ANWR decision — is what they see as a lack of rigor from the Trump administration in weighing how oil development will affect wildlife in the area.

Oil exploration requires seismic testing, shooting waves beneath the surface to map where oil lies.

“It failed to adequately analyze the effects to polar bears both on the impact of an oil spill on a species and the impact of seismic activity on a species which could crush dens and kill polar bears and their cubs,” said Kristen Monsell, an attorney with the Center for Biological Diversity.

Read more on the likely legal challenges to ANWR drilling here.

STOP THE TRAIN BEFORE IT LEAVES THE STATION: Fourteen states and Washington, D.C., are suing the Trump administration over a new rule that would allow for the transportation of liquefied natural gas (LNG) by rail, citing health and safety risks.

The rule, finalized this year by the Transportation Department and Pipeline and Hazardous Materials Safety Administration (PHMSA), would allow for the fuel to be transported on rail tank cars. Previously, a special permit was needed for such transport.

The lawsuit filed Tuesday did not lay out legal arguments, but the Democratic state and city attorneys general bringing the suit said in a joint statement they plan to argue that the PHMSA failed to evaluate the rule’s environmental impacts and that the rule does not contain enough safety requirements.

“Californians who live, work, or go to school near train routes are not interested in being specimens in a crash-test laboratory for the Trump Administration,” California Attorney General Xavier BecerraXavier BecerraOvernight Energy: Green groups see legal flaws in Trump’s Arctic drilling plan | 14 states sue Trump administration over gas transportation rule | Conservation groups push lawmakers for Pendley’s removal 14 states sue Trump administration over gas transportation rule Hillicon Valley: Trump administration cracks down further against Huawei chip production, affiliate groups | California ruling against Uber, Lyft threatens to upend gig economy MORE (D) said in the statement.

“We’re going to court because our families expect our government to put their safety first, not put them in harm’s way. If only the Trump Administration spent as much time trying to solve our current public health crisis as it does creating new public health hazards,” Becerra added.

A PHMSA spokesperson declined to comment.

The administration has determined that transporting liquefied natural gas by rail is a “safe alternative,” but environmentalists have expressed skepticism.

Read more on the suit here.

PENDLEY PANDEMONIUM: Conservation groups are not satisfied with the White House withdrawing the nomination of Bureau of Land Management (BLM) acting director William Perry Pendley, demanding he be removed from the agency immediately.

Though his nomination has been withdrawn, the White House has confirmed Pendley will remain in his post — a move already being challenged in lawsuits.

Lawmakers have been vocal about their opposition to Pendley, citing a history of opposition to federal land ownership and other controversial comments. Tuesday letters from conservation groups demand that they ensure Pendley leaves the Trump administration.

“Trump’s decision to allow Pendley to serve in this important role without Senate confirmation is appalling and every United States Senator who has not taken a stand and should have had a say in Pendley’s nomination must join us in demanding that Trump fire Pendley now. Pendley’s anti-public lands record of listening to polluters instead of people, along with a history of making racist anti-Black, homophobic and transphobic comments have disqualified him for this role since day one,” the League of Conservation Voters said in a statement.

A fiery letter from Montana Conservation Voters (MCV) reached out to their delegation directly, questioning how Pendley could stay in his role without Senate blessing.

“If you still consider yourself conservationists, then we call on you to demand that President TrumpDonald John TrumpThe Memo: Democrats pitch Biden as the back-to-normal candidate Obama congratulates Biden on formal nomination Jill Biden gives personal portrait of husband Joe MORE fire Mr. Pendley from his position as acting director of the BLM immediately. Anyone who is familiar with the U.S. Constitution knows this is wrong, and MCV will not sit on the sidelines as Washington politicians dismantle our democracy’s checks and balances action by action. Pretending that this issue is not one that is important to Montana’s outdoor way of life is an unfortunate consequence of not listening to constituents,” the group wrote, specifically calling out Sen. Steve DainesSteven (Steve) David DainesOvernight Energy: Green groups see legal flaws in Trump’s Arctic drilling plan | 14 states sue Trump administration over gas transportation rule | Conservation groups push lawmakers for Pendley’s removal Conservation groups push lawmakers for Pendley’s removal OVERNIGHT ENERGY: Trump administration finalizes plan to open up Alaska wildlife refuge to drilling | California finalizes fuel efficiency deal with five automakers, undercutting Trump | Democrats use vulnerable GOP senators to get rare win on environment MORE (R), as Sen. Jon TesterJonathan (Jon) TesterOvernight Energy: Green groups see legal flaws in Trump’s Arctic drilling plan | 14 states sue Trump administration over gas transportation rule | Conservation groups push lawmakers for Pendley’s removal Conservation groups push lawmakers for Pendley’s removal Trump says he’ll sign USPS funding if Democrats make concessions MORE (R) has already opposed Pendley.