This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Spurred by a federal judge, the Bureau of Land Management has issued permits allowing drilling on Utah's West Tavaputs Plateau — after a Houston energy firm complained the agency's insistence on additional environmental analysis violated federal law and would cost the company $46 million.

U.S. District Judge David Nuffer last week granted an emergency injunction sought by EnerVest, which now plans to resume drilling in the 20,000-acre project area that is near both cherished whitewater on the Green River and the archaeologically rich Nine Mile Canyon.

BLM officials say they were in the process of issuing the permits before the judge ordered them to either authorize the wells or "provide non-arbitrary reasons, supported by substantial evidence, as to why it needs more time to process the permits."

While conceding they missed a 30-day deadline, Utah BLM officials stressed that they never denied the drilling applications. They said the process took extra time as the agency's Price field office was determined whether new guidelines related to greenhouse gas emissions apply to the proposed wells, which were part of an exhaustive environmental review completed in 2010.

The new guidelines were issued recently by the White House's Council on Environmental Quality, or CEQ.

"The whole thing was blown out of proportion," said Gary Torres, BLM's acting deputy state director and Green River district manager. "We have a lot of different users and different pressures. We used our standard process. Everybody got wound up, but they didn't need to."

Nuffer agreed with the company's complaint that BLM had a duty to either promptly approve the drilling applications or give notice why more time is needed. But the judge disagreed with the company's contention that BLM has a "non-discretionary statutory duty" to approve the drilling permits within 30 days if no notice is forthcoming.

Still, the company was elated with the Dec. 30 decision, saying it affirms that no one is above the law and is critical to the success of the gas field.

"Time is money. The project had very good rates of return. As soon as you can get that rig going, the sooner you can enjoy that rate of return," said EnerVest vice president for operations Ron Whitmire. Unnecessary delays equate to fewer wells and reduced oil and gas production, he said, to the detriment of the company's shareholders.

Nonetheless, Whitmire praised Utah BLM staffers, saying the problem was caused by the outgoing Obama administration imposing new regulations without adequate public involvement.

Bill Barrett Corp. developed the 800-well West Tavaputs project, which was the subject of a 2010 environmental impact statement that is valid for 15 years. The review led to numerous concessions from drillers to protect Nine Mile's famous rock art, left by ancient Fremont Indians, and to avoid disrupting the wilderness experience sought by rafters on the Green River.

Barrett drilled nearly 300 wells before selling out three years ago to EverVest, which has since drilled 39 more wells.

Low energy prices quieted drilling in the Uinta Basin, but signs of rebounding natural gas prices prompted EnerVest to seek drilling applications for the 10 wells in the Peters Point area, drilled horizontally from existing well pads.

By Oct. 20, EnerVest's applications were complete, triggering the 30-day window for approving the wells or an explanation of what additional steps are needed.

Instead, the BLM changed the terms of its past approvals for the West Tavaputs project, according to the EnerVest's lawsuit.

Acting on orders from Washington, D.C., headquarters, BLM's Price field office concluded that an environmental assessment of the 10 wells was needed to address CEQ's climate-change standards, even though the new guidelines are not supposed to affect projects covered by existing environment impact statements.

"This clearly is one last tactic from an outgoing administration that has spent eight years trying to put us out of business by overregulating and overreaching its authority. I feel that as citizens it is our responsibility to speak out against our government when it illegally abuses its power to further advance its job-killing agenda," EnerVest CEO John Walker said last month when the suit was filed.

The additional analysis would delay the project for months, ensuring that drilling could not be completed during its six-month drilling season, EnerVest's suit alleged. Because of its proximity to a wilderness study area, drilling in the project must be completed by April 30, when river running season gets underway.

To finish the drilling program by that cutoff date, the company said it has start by the first week of January.

Twitter: @brianmaffly