ELR Citation: 52 ELR 20101
No(s). 2:21-CV-00778 (W.D. La. Aug 18, 2022) (Doughty, J.)

A district court permanently enjoined the Biden Administration from implementing a "stop" on new oil and gas lease sales on public lands or in offshore waters in thirteen states—Alabama, Alaska, Arkansas, Georgia, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia. The thirteen states filed suit challenging Section 208 of Executive Order No. 14008, which "pause[d] new oil and natural gas leases on public lands or in offshore waters pending completion of a comprehensive review and reconsideration of Federal oil and gas permitting and leasing practices," on several grounds under the APA, the Outer Continental Shelf Lands Act (OCSLA), and the Mineral Leasing Act (MLA). The court found Section 208 amounted to an unwritten policy to "stop" the onshore and offshore leasing process based on a lack of lease sales on federal lands since the Order was issued, and as such was ultra vires, beyond the president's authority, and violated the OCSLA and the MLA. It further found the Administration violated the APA by failing to provide a rational explanation for stopping the leasing process and by failing to provide notice and comment; and enjoined the Administration from imposing the stop as to all “eligible” lands both onshore and offshore in the thirteen states.