ELR Citation: 53 ELR 20151
No(s). 2:23-CV-01157 (W.D. La. Sep 21, 2023) (Cain, J.)

A district court granted the state of Louisiana's and oil and gas companies' motions to preliminarily enjoin the Bureau of Ocean Energy Management's (BOEM's) withdrawal of six million acres from, and addition of a term to, an oil and gas lease sale on the outer continental shelf in the Gulf of Mexico. Plaintiffs argued the withdrawal of acreage and insertion of a new stipulation in the final notice of sale restricting vessel activity in the lease area—measures BOEM justified as necessary to protect the endangered Rice's whale—violated the Inflation Reduction Act, procedural requirements of the Outer Continental Shelf Lands Act, and the APA, and sought a preliminary injunction. The court found implementation of the measures was invalid because BOEM failed to follow its own procedures by making significant changes to the final notice of sale without providing an opportunity to review and comment, and that the agency failed to justify its change in position. It enjoined BOEM from implementing the acreage withdrawal and the new stipulation.