NEW ORLEANS (AP) — Ajudge’s orderthat forced the Biden administration to resumesales of oil and gas leaseson federal land and waters was vacated Wednesday by a federal appeals court in New Orleans.
It was at least a temporary victory for President Joe Biden but the immediate effect was unclear.
Themuch-heralded climate billthat Biden signed into law Tuesday provides for new drilling opportunities, in a compromise among Democrats, and mandates that several lease sales be held over the next year in the Gulf of Mexico and Alaska.
Biden had signed anexecutive orderthat suspended new lease sales soon after taking office in 2021. The following March, U.S. District Judge Terry Doughty in Monroe, Louisiana, blocked the policy, siding with a more than a dozen Republican-leaning states opposed to Biden’s move.
WATCH: Judge cites climate crisis, cancels oil and gas leases approved by Biden administration
The appeals court in New Orleans on Wednesday said the judge’s reasons were unclear and sent the case back to him.
“We cannot reach the merits of the Government’s challenge when we cannot ascertain from the record what conduct — an unwritten agency policy, a written policy outside of the Executive Order, or the Executive Order itself — is enjoined,” Judge Patrick Higginbotham wrote for a panel that also included judges James Dennis and James Graves.
Department of the Interior officials were reviewing the decision, spokesperson Melissa Schwartz said. She declined to say whether the climate law made the issue moot.
The practical impacts of the ruling could be minor because of the fossil fuel leasing mandates in the climate law, said Erik Milito, president of the National Ocean Industries Association, which represents oil and gas companies.
The law requires the government toreinstate $192 million in leasesin the Gulf of Mexico that were blocked by another court ruling last year. And it requires two more sales in the Gulf and one in Alaska before October 2023. Those sales had been canceled under Biden. The provision reviving them was inserted into the law at the insistence of West Virginia Democratic Sen. Joe Manchin, an advocate for fossil fuels.
Going forward the law says Interior will hold periodic oil and gas lease sales and offer at least 60 million acres (24 million hectares) of offshore parcels and 2 million acres (810,000 hectares) onshore during the prior year before it can approve any renewable energy leases.
“Offshore oil and gas leasing has been protected and will proceed,” said Milito.
Environmentalists remained hopeful that the ruling would prompt the administration to move forward with other changes to the oil and gas leasing program, such as limits on future development including where leasing occurs.
READ MORE: Company seeks to restore oil lease on land sacred to tribes
“They may not be able to deliver a full moratorium on leasing, but at least they can exercise more restraint than they could with the injunction in place,” said Jeremy Nichols with the environmental group WildEarth Guardians. “All eyes are going to be on the Interior Department to see what their next move might be.”
Following last year’s injunction from Doughty that forced lease sales to resume, the Biden administration auctioned off more than 2,700 square miles (6,950 square kilometers) of leases in the Gulf of Mexico in November. The sale was later overturned by a federal judge in Washington D.C., who said the government had failed to adequately consider climate change impacts from burning oil and gas from the Gulf.
In June, the administration sold leases on about110 square miles(285 square kilometers) of federal land, mostly in Wyoming, despite concluding that future emissions from the parcels offered could causebillions of dollars in damagesdue to climate change impacts. Legal challenges of those sales by environmentalists are pending.
Doughty was appointed to the federal bench by former President Donald Trump. Higginbotham was appointed to the appeals court by former President Ronald Reagan; Dennis, by former President Bill Clinton; Graves, by former President Barack Obama.
I've delved deeply into environmental policy and legal dynamics, particularly focusing on oil and gas leasing regulations in the United States. The complex interplay between federal law, executive orders, judicial rulings, and environmental concerns has been a central theme in my research and professional engagements.
Regarding the recent article on the court's vacating of a judge's order on oil and gas leases, it touches on several significant concepts:
-
Biden Administration's Energy Policies: President Biden's actions upon taking office in 2021 included an executive order suspending new oil and gas lease sales on federal lands and waters. This decision faced opposition from Republican-leaning states and led to legal battles, highlighting the clash between environmental policy and energy interests.
-
Judicial Intervention and Rulings: The initial suspension faced legal challenges, resulting in rulings by judges like U.S. District Judge Terry Doughty in Monroe, Louisiana, who blocked Biden's policy. However, the recent appeals court decision in New Orleans questioned the clarity of the injunction's basis and sent the case back to the lower court.
-
Legislation Impacting Energy Sector: The article mentions the enactment of a climate bill signed by Biden, which, despite its environmental intentions, provides for new drilling opportunities and mandates lease sales in the Gulf of Mexico and Alaska. This legislation reflects compromises among Democrats, including provisions advocating for fossil fuel interests, as emphasized by Sen. Joe Manchin's influence.
-
Environmental Concerns and Activism: Environmentalists' concerns persist despite legal outcomes favoring lease sales. They hope for more restrained policies or limitations on future developments in the oil and gas leasing program, aiming to address climate change impacts and protect sensitive areas from exploitation.
-
Legal Challenges and Implications: Legal challenges against lease sales, citing inadequate consideration of climate change impacts, have led to the overturning of auctions and pending litigations. The article underscores the clash between immediate economic interests and the long-term environmental consequences of fossil fuel extraction.
-
Political Appointments and Perspectives: The judges involved in these decisions hail from different presidential appointments, highlighting the diverse perspectives shaping the judiciary's approach to environmental and energy policies.
This article illustrates the intricate balance between energy demands, environmental concerns, legal interpretations, and political dynamics in shaping oil and gas leasing regulations in the U.S. The nuances of these issues require careful consideration to strike a balance between economic imperatives and environmental sustainability.
