ELR Citation: 53 ELR 20050
No(s). 1:21-cv-00148 (D.N.D. Mar 27, 2023) (Traynor, J.)

A district court granted in part and denied in part North Dakota's motion for preliminary injunction in a lawsuit concerning BLM's "pause" on nearly all quarterly lease sales of federal land in the state for oil and gas exploration in 2021 and 2022. North Dakota argued the "pause" or "cancellation" of new oil and gas lease sales irreparably harmed the state's sovereign, economic, and procedural interests, and violated the Mineral Leasing Act (MLA) and FLPMA. The court found that BLM's cancellations likely violated the MLA, and that its withdrawal of public land from oil and gas development likely violated FLPMA. It further found North Dakota demonstrated it had suffered and continued to suffer from a threat of irreparable harm as a result of BLM's failure to comply with its statutory mandates. The court granted the motion as to the state's request to enjoin BLM from implementing the pause in North Dakota, but denied the state's request to compel the Bureau to hold the previously canceled lease sales for "available" land. It also enjoined BLM from withdrawing lands in the state identified for oil and gas development without following statutory procedures for public notice and comment and congressional notice.