ELR Citation: 54 ELR 20108
No(s). 3:22-cv-00279-SLG (D. Alaska Jul 16, 2024) (Gleason, J.)

A district court remanded without vacatur the Bureau of Ocean Energy Management's (BOEM's) final EIS and record of decision (ROD) for a 2022 oil lease sale in Alaska's Cook Inlet. Environmental groups argued BOEM's review of the lease sale and ROD violated NEPA, and moved to remand and vacate both. The court found BOEM failed to consider a reasonable range of alternatives and failed to take the requisite "hard look" at vessel noise impact on Cook Inlet beluga whales; but that the Bureau adequately explained activity that would have a cumulative impact on water quality and adequately discussed the impact of a large oil spill on the whales. It determined vacatur would be contrary to Congress' directive in the Inflation Reduction Act, which mandated that BOEM hold the sale by December 2022, remanded for BOEM to provide a supplemental EIS addressing deficiencies and a modified ROD, and suspended the lease pending a supplemental EIS.