ELR Citation: 55 ELR 20143
No(s). 2:25-CV-00071 (W.D. La. Oct 2, 2025) (Cain, J.)

A district court granted in part and denied in part summary judgment for five coastal states and two industry groups in a challenge to two memoranda issued by President Biden withdrawing certain areas of the outer continental shelf from potential oil and gas leasing "for a period of time without specific expiration." The states argued the memoranda were unlawful because §12(a) of the Outer Continental Shelf Lands Act (OCSLA) was an unconstitutional delegation of legislative authority and violated both separation of powers and the Property Clause. The groups argued the memoranda were unlawful because they exceeded the scope of the president's authority under §12(a). The court found that to the extent the memoranda were supposed to overcome the power of subsequent executives to revoke or modify their withdrawals, they constituted a departure from the executive branch's long-standing practice and exceeded the authority granted by §12(a). It granted summary judgment for plaintiffs to the effect that the memoranda are declared unlawful for exceeding the authority granted under OCSLA.