Court OKs extension for CD-5 rework

Federal District Court Judge Sharon Gleason has approved an extension of the deadline for the U.S. Army Corps of Engineers to prepare an explanation for why it did not rework an environmental impact statement relating to ConocoPhillips’ CD-5 oilfield development program in the northeastern National Petroleum Reserve-Alaska. In an appeal launched by some residents of the village of Nuiqsut against the corps’ dredge-and-fill permit for CD-5 Gleason had ordered the corps to prepare an explanation for its environmental impact statement decision, with Gleason giving the corps until Aug. 27 to complete this task.

In an Aug. 25 court filing the corps asked the court to extend the deadline to Sept. 17. The corps said that the former project manager for the CD-5 permitting, a person with some of the knowledge needed to prepare the required explanation, now works in the corps’ district office in Japan, but is out of the Japanese office until Sept. 8 and cannot be contacted meantime. The corps needs additional time for consultations with the former manager once she returns, the corps said.

Gleason has agreed to extend the deadline but has set a new deadline of Sept. 12, rather than the Sept. 17 date that the corps had requested.

The plaintiffs in the case opposed extending the deadline, citing hardship caused by the continuing CD-5 project if the extension were granted. The plaintiffs also said that the extension, if granted, would create scheduling conflicts for their counsel in the case.

Gleason, in an Aug. 26 court order, said that she was granting an extension but setting a court schedule that takes into consideration all of the scheduling concerns.

- Alan Bailey