Judge throws out Biden administration's massive Gulf of Mexico oil and gas lease sale
Source: Washington Post
A federal judge on Thursday invalidated the largest offshore oil and gas lease sale in the nations history, ruling that the Biden administration violated federal law by relying on a seriously flawed analysis of the climate change impact of drilling in the Gulf of Mexico.
The decision, by the the U.S. District Court for the District of Columbia, threw out 1.7 million acres of oil and gas leases that the Biden administration did not want to sell. Shortly after taking office, President Biden suspended new oil and gas drilling on lands and waters owned by the federal government. But after a Louisiana judge struck down the moratorium last summer, administration officials said they were forced to go through with the sale in November.
Environmental advocacy organizations challenged the sale, which netted nearly $192 million and ranked as the most profitable offshore auction since March 2019.
In his ruling, Judge Rudolph Contreras concluded that the Interior Departments Bureau of Ocean Energy Management had based its decision to hold the sale on a flawed environmental analysis that miscalculated the greenhouse gas emissions associated with future oil and gas drilling in the Gulf of Mexico. Completed under the Trump administration, the analysis found that the climate impacts would be worse if the acreage went unsold because foreign oil companies would increase their production, leading to more emissions of planet-warming gases.
Read more: https://www.washingtonpost.com/climate-environment/2022/01/27/biden-gulf-of-mexico-lease-sale/?
Enter stage left
(3,398 posts)because he campaigned on this.
BumRushDaShow
(129,543 posts)Bernardo de La Paz
(49,045 posts)BumRushDaShow
(129,543 posts)This decision lifts the stay by an earlier court on a halt that was originally put in place by the Biden administration that was challenged by RW loon states -
June 15, 20216:51 PM ET
The Associated Press
NEW ORLEANS (AP) The Biden administration's suspension of new oil and gas leases on federal land and water was blocked Tuesday by a federal judge in Louisiana, who ordered that plans be resumed for lease sales that were delayed for the Gulf of Mexico and Alaska.
U.S. District Judge Terry Doughty's ruling came in a lawsuit filed in March by Louisiana's Republican attorney general, Jeff Landry and officials in 12 other states. Doughty's ruling granting a preliminary injunction to those states said his order applies nationwide.
The 13 states said the administration bypassed comment periods and other bureaucratic steps required before such delays can be undertaken. Doughty heard arguments in the case last week in Lafayette.
The moratorium was imposed after Democratic President Joe Biden on Jan. 27 signed executive orders to fight climate change. The suit was filed in March. The states opposing the suspension said it was undertaken without the required comment periods and other bureaucratic steps.
https://www.npr.org/2021/06/15/1006948814/bidens-ban-on-new-oil-and-gas-leases-is-blocked-by-a-federal-judge
Enter stage left
(3,398 posts)BumRushDaShow
(129,543 posts)Since I subscribe to WaPo, got the breaking news banner on this story, and then saw their distorted headline and pretzel-twisted article, I had been trying to hunt around for an alternate news source with a more accurate headline and description of what this court ruling meant, but wasn't fast enough.
orleans
(34,074 posts)BumRushDaShow
(129,543 posts)Biden signed an E.O. a week after he was inaugurated to halt the sales of the leases. The RW loon states sued and won a stay to that ban this past June (2021). In August (2021), the Administration filed an appeal to the stay-
8/24/2021
Last edited 8/26/2021
Date: Tuesday, August 24, 2021
Contact: Interior_Press@ios.doi.gov
WASHINGTON Last week, the United States appealed the preliminary injunction entered by the district court in Louisiana v. Biden, which enjoined the Department of the Interior from implementing the pause in new federal oil and gas leasing as set forth in Section 208 of Executive Order 14008. The federal onshore and offshore oil and gas leasing program will continue as required by the district court while the governments appeal is pending.
Today, as required by the court, the Department of Justice (DOJ) filed a brief advising the district court of the steps taken by the Interior Department to comply with the preliminary injunction, including next steps in the offshore and onshore oil and gas leasing processes. Accordingly, the government advised the district court of the following schedule demonstrating compliance with the district courts injunction:
The Bureau of Ocean Energy Management (BOEM) will submit the Record of Decision for Lease Sale 257 in the Gulf of Mexico to the Federal Register by the end of August. The sale notice for Lease Sale 257 is expected to be published in September. By law, the lease sale may not take place sooner than 30 days after publication of the sale notice. This fall, BOEM also will issue and take comments on a Draft Environmental Impact Statement analyzing Lease Sale 258 in Cook Inlet.
The Bureau of Land Management (BLM) state offices will post for scoping parcels included in Quarter 1 and Quarter 2 2021 leasing deferrals by the end of August. Following a 30-day scoping period and taking into account comments received, the BLM will undertake environmental reviews of parcels for potential leasing. Following this review, state offices will identify any eligible parcels and applicable stipulations in lease sale notices posted later this year.
In complying with the district courts injunction, the Interior Department will continue to exercise the authority and discretion provided under law to conduct leasing in a manner that fulfills Interiors legal responsibilities, including to take into account the programs documented deficiencies.
The Interior Department continues to review the programs noted shortcomings, including completing a report. The Department also will undertake a programmatic analysis to address what changes in the Departments programs may be necessary to meet the Presidents targets of cutting greenhouse gas emissions in half by 2030 and achieving net zero greenhouse gas emissions by 2050.
###
https://www.doi.gov/pressreleases/interior-department-files-court-brief-outlining-next-steps-leasing-program
However since the court order was still in place requiring the lease sales despite the appeal being underway, DOI went through a (slow-walked) process to mitigate/modify how the sales would happen. And once that happened, a lawsuit was filed at the end of August (2021) by a cadre of environmental groups to demand a halt to continuing the lease sales.
So the environmental group's lawsuit BEAT the Biden appeal of the earlier stay to the punch, to achieve the same desired outcome. A halt.
There has been a lot of rancor from the pro-drilling / anti-drilling crowds against the administration and at least this current ruling benefits the anti-drill climate activists and this administration and the Biden administration can say - "the court made me do it" (and the GOP loons will have a shit-fit no doubt).
Bernardo de La Paz
(49,045 posts)1. tRump produced deeply flawed environmental assessment.
2. Orders sale on that basis.
3. Biden comes in, stops the sale.
4. Fed government loses appeal in court.
5. Court forces sale to begin in November.
6. Enviros challenge the assessment and win ruling.
BumRushDaShow
(129,543 posts)but here is the amended chronology (underscoring the complications) -
2. Orders sale on that basis.
3. Biden comes in, stops the sale.
3a. Louisiana federal district court LIFTS the Biden stop on sales
3b. Biden files appeal to the court stay on his sales ban
3c. Biden directs review and modification of existing agreements to comply with the court order while under appeal
4. Enviros challenge the assessment
4a. Once the revised lease sale process is completed, the first offers are initiated in November to comply with the court order
4b. Enviros win ruling.
The problem is the headline and overall characterization. The other problem are those who insist that one can defy a court order while appealing. Just. Because. And DESPITE the fact that the order itself allowed no such provision. There are times when something is under appeal and the court keeps thing status quo pending appeal. But there was no such provision and the administration then slow-walked continuing while the appeal was underway. The Louisiana judge was a TFG appointee.
This is what was reported about the Louisiana loon judge stay -
By Joshua Partlow and Juliet Eilperin
June 15, 2021 at 9:47 p.m. EDT
A federal judge in Louisiana on Tuesday issued a preliminary injunction to block the Biden administrations policy of pausing the sale of new oil and gas leases on federal land while reviewing how to reform the program. The ruling by U.S. District Judge Terry A. Doughty, a Trump appointee, was a blow to the Biden administration because reforming the oil leasing program is a key part of its fight against climate change and to try to get more for taxpayers from fossil-fuel development on public lands.
The president and his aides had moved swiftly to curb oil and gas development in the past six month, rescinding a permit for the Keystone XL pipeline and suspending drilling leases in Alaskas Arctic National Wildlife Refuge. Doughty said that the administration cannot stop leasing without congressional approval and that the fossil fuel-producing states that sued to challenge the Interior Departments policy have demonstrated a substantial threat of irreparable injury.
Biden directed the Interior Department to suspend its leasing program during his first week in office. Interior Department officials had said the leasing hiatus would allow them to conduct a comprehensive review of how the leasing program works and to identify improvements. One of the key issues is whether to increase royalty rates for drilling onshore; those rates have been the same for a century. An interim report on the program is expected this summer.
Although there is certainly nothing wrong with performing a comprehensive review, there is a problem in ignoring acts of Congress while the review is being completed, Doughty wrote in his ruling.
https://www.washingtonpost.com/climate-environment/2021/06/15/louisiana-judge-blocks-biden-administrations-oil-gas-leasing-pause/
Here is the PDF copy of the 44 page ruling by Western District of Louisiana Court Judge Terry A. Doughty - http://www.agjefflandry.com/Files/Article/10919/Documents/Memorandum.pdf
The critical part of that June ruling was this (from the PDF) -
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
STATE OF LOUISIANA ET AL
VERSUS
JOSEPH R. BIDEN, JR. ET AL
CASE NO. 2:21-CV-00778
JUDGE TERRY A. DOUGHTY
MAG. JUDGE KATHLEEN KAY
(snip)
For the foregoing reasons, the Court GRANTS Plaintiff States Motion for Preliminary Injunction [Doc. No. 3]. Therefore, the U.S. Department of the Interior, the United States Bureau of Land Management, the United States Bureau of Ocean Energy Management, and the United States Bureau of Safety and Environmental Enforcement, along with their directors, employees and Secretary are hereby ENJOINED and RESTRAINED from implementing the Pause of new oil and natural gas leases on public lands or in offshore waters as set forth in Section 208 of Executive Order 14008, 86 Fed. Reg. 7619, 7624-25 (Jan. 27, 2021) as to all eligible lands, both onshore, and offshore.
Additionally, said Agency Defendants shall be ENJOINED and RESTRAINED from implementing said Pause, with respect to Lease Sale 257, Lease Sale 258, and all eligible lands onshore. This preliminary injunction shall remain in effect pending the final resolution of this case, or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court. No security bond shall be required under Federal Rule of Civil Procedure 65.
In one of the articles that I saw, Biden mentioned that Haaland was concerned with being held IN CONTEMPT OF COURT if they didn't establish that they were complying by following the Louisiana order (while pending the appeal and subsequent suit by the environmental groups).
(sorry I unloaded this on you )
Bernardo de La Paz
(49,045 posts)former9thward
(32,082 posts)This was sale of leases by the Biden administration. They were blocked. The suit was by environmental groups -- not states. How is that a win for the Biden administration? Your post is from June 2021. Over six months ago.
BumRushDaShow
(129,543 posts)(snip)
In his ruling, Judge Rudolph Contreras concluded that the Interior Departments Bureau of Ocean Energy Management had based its decision to hold the sale on a flawed environmental analysis that miscalculated the greenhouse gas emissions associated with future oil and gas drilling in the Gulf of Mexico. Completed under the Trump administration, the analysis found that the climate impacts would be worse if the acreage went unsold because foreign oil companies would increase their production, leading to more emissions of planet-warming gases.
The "analysis" that was done to support the sales was FLAWED and NOT carried out by THIS Administration but by the previous one, which is why the sales were halted pending further review. A RW loon Louisiana Judge put a stay on Biden's halt and forced the Biden administration to go with the sales anyway.
former9thward
(32,082 posts)They could have appealed if they did not like the decision. I will go with the Post on this.
BumRushDaShow
(129,543 posts)8/24/2021
Last edited 8/26/2021
Date: Tuesday, August 24, 2021
Contact: Interior_Press@ios.doi.gov
WASHINGTON Last week, the United States appealed the preliminary injunction entered by the district court in Louisiana v. Biden, which enjoined the Department of the Interior from implementing the pause in new federal oil and gas leasing as set forth in Section 208 of Executive Order 14008. The federal onshore and offshore oil and gas leasing program will continue as required by the district court while the governments appeal is pending.
(snip)
https://www.doi.gov/pressreleases/interior-department-files-court-brief-outlining-next-steps-leasing-program
former9thward
(32,082 posts)They could have waited for the appeal.
BumRushDaShow
(129,543 posts)8/24/2021
Last edited 8/26/2021
Date: Tuesday, August 24, 2021
Contact: Interior_Press@ios.doi.gov
WASHINGTON Last week, the United States appealed the preliminary injunction entered by the district court in Louisiana v. Biden, which enjoined the Department of the Interior from implementing the pause in new federal oil and gas leasing as set forth in Section 208 of Executive Order 14008. The federal onshore and offshore oil and gas leasing program will continue as required by the district court while the governments appeal is pending.
(snip)
https://www.doi.gov/pressreleases/interior-department-files-court-brief-outlining-next-steps-leasing-program
READ through the link.
cstanleytech
(26,319 posts)Bernardo de La Paz
(49,045 posts)Please read the article carefully. The issue is a little complicated.
Bernardo de La Paz
(49,045 posts)msfiddlestix
(7,286 posts)Reading through, I kept thinking but the court's decision feels like a win (to me) for Biden, for our planet.
Scrolling through responses, affirms my instincts.
But still that headline really does seem to try to convey a loss for Biden.
It's like... Really WaPo?
former9thward
(32,082 posts)They were sued by environmentalists and lost. The responses are posting about something that happened in another suit 7 months ago.
BumRushDaShow
(129,543 posts)June 15, 20216:51 PM ET
The Associated Press
NEW ORLEANS (AP) The Biden administration's suspension of new oil and gas leases on federal land and water was blocked Tuesday by a federal judge in Louisiana, who ordered that plans be resumed for lease sales that were delayed for the Gulf of Mexico and Alaska.
U.S. District Judge Terry Doughty's ruling came in a lawsuit filed in March by Louisiana's Republican attorney general, Jeff Landry and officials in 12 other states. Doughty's ruling granting a preliminary injunction to those states said his order applies nationwide.
The 13 states said the administration bypassed comment periods and other bureaucratic steps required before such delays can be undertaken. Doughty heard arguments in the case last week in Lafayette.
The moratorium was imposed after Democratic President Joe Biden on Jan. 27 signed executive orders to fight climate change. The suit was filed in March. The states opposing the suspension said it was undertaken without the required comment periods and other bureaucratic steps.
https://www.npr.org/2021/06/15/1006948814/bidens-ban-on-new-oil-and-gas-leases-is-blocked-by-a-federal-judge
former9thward
(32,082 posts)It was just a lower court.
former9thward
(32,082 posts)Environmental groups had opposed the sale, saying they did not want to increase offshore drilling because of climate change, while industry and Republican-led states have supported it.
The Biden administration last year originally issued a temporary pause on all new oil and gas lease sales, but held the sale in question after the pause was held up in court in June.
Though the sale offered up as many as 80 million acres for lease, companies purchased the rights to drill on 1.7 million acres.
Despite the June court ruling, environmentalists criticized the sale, arguing that the Biden administration should have modified it or waited for the results of an appeal.
https://thehill.com/policy/energy-environment/591759-court-nixes-offshore-drilling-leases-auctioned-by-biden
BumRushDaShow
(129,543 posts)Bernardo de La Paz
(49,045 posts)... forced by court.
People talk, courts rule.
msfiddlestix
(7,286 posts)I'll have to let this matter float on by and come back to it when I learn more.
thanks.
madville
(7,412 posts)And a three judge panel or something will decide, then that will be appealed regardless, and eventually SCOTUS will decide ..or stand by the highest appeal courts ruling, long way to go on this issue still.
former9thward
(32,082 posts)Especially given that some think the Biden administration was forced to make this sale.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2021cv2317-78
Bernardo de La Paz
(49,045 posts)Do you think that posting a big document link without adding any of your point or analysis is somehow convincing? Too much effort? Can you post any part to buttress your point?
Did you not understand this part?
Western District of Louisiana, and the district court there preliminarily enjoined Interior officials
from implementing the Pause of new oil and natural gas leases on public lands or in offshore
waters, including with respect to Lease Sale 257. Louisiana v. Biden, -- F. Supp. 3d --, No.
2:21-cv-778, 2021 WL 2446010, at *22 (W.D. La. June 15, 2021). In accordance with that
injunction, BOEM moved forward with Lease Sale 257, issuing another Determination of NEPA
Adequacy in August 2021 stating that a supplemental EIS was not required for the sale.
AR0029801942. BOEM issued a new Record of Decision for Lease Sale 257 on August 31,
2021, AR0029788800, which was published in the Federal Register on September 7, 2021, 86
Fed. Reg. 50,160-02 (Sept. 7, 2021).
former9thward
(32,082 posts)They could have waited for a final decision. The idea that people think a district court can force the Executive branch to do something and not allow it to appeal both laughable and sad that people actually think that. If this was any other subject or administration people would be saying the opposite.
Bernardo de La Paz
(49,045 posts)The court placed an injunction on Biden's pause.
That means the thing injuncted can't happen.
That means the pause for any appeals couldn't happen. With no pause, the sale had to go forward.
Biden's people slow-walked it. Only 1.7 of 80 million got sold.
TeamProg
(6,251 posts)Mr.Bill
(24,330 posts)I think it's a little more clear.
https://news.yahoo.com/federal-judge-throws-oil-lease-023433765.html
former9thward
(32,082 posts)People are projecting their views on the case. You notice the Interior Dept. is saying "no comment" to the decision. Why aren't they celebrating if this is what they wanted?
Mr.Bill
(24,330 posts)I have no idea how people in the government decide when to celebrate. I guess it's possible that right now they are more concerned about preventing WWIII starting in Ukraine.
Karma13612
(4,554 posts)The article WaPo threw together while they were high, stoned or tripping.
Incredibly misleading, Biden bashing headline.
Then, I perused the comments. They are nearly 100% criticizing the paper for the completely shameful Biden-destructing headline. Me thinks they are going to lose some subscribers and hopefully will be editing the headline.
Then again, its Jeff Bezos so we best not hold our breath.
CAFM
JohnSJ
(92,421 posts)get involved operations, editorial, or news reporting of the paper.
https://www.cjr.org/public_editor/washington-post-public-editor-bezos-has-been-hands-off-what-if-that-changes.php
Bernardo de La Paz
(49,045 posts)Karma13612
(4,554 posts)I was mistaken when I commented that Jeff Bezos would have input in the paper. WaPo used to be a beacon of journalistic integrity. Not so much anymore.
Glad to hear Jeff stays out of it.
Even more sad to realize that WaPo is just lowering their standards, all by themselves.
Karma13612
(4,554 posts)WAPo should have done a better job to start with.
The headline (which as of 10Am Friday morning was still a Biden-bashing criminally-misleading mess) should never have been allowed to appear as it did.
JohnSJ
(92,421 posts)NurseJackie
(42,862 posts)jaxexpat
(6,852 posts)The Post's headline was either "deliberately" misleading, or the information was just too complex to explain without confusing the author. (And it still got past the editor? or was the headline the editor's idea?) Never-the-less, it shows-to-go-you how "all the facts with all the correct words" can still misinform.
People are such stupid and/or duplicitous creatures. They should wear signs.
former9thward
(32,082 posts)And not the judge....
BumRushDaShow
(129,543 posts)Here is the PDF copy by Western District of Louisiana Court Judge Terry A. Doughty - http://www.agjefflandry.com/Files/Article/10919/Documents/Memorandum.pdf
The critical part of that June ruling was this (from the PDF) -
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
STATE OF LOUISIANA ET AL
VERSUS
JOSEPH R. BIDEN, JR. ET AL
CASE NO. 2:21-CV-00778
JUDGE TERRY A. DOUGHTY
MAG. JUDGE KATHLEEN KAY
(snip)
For the foregoing reasons, the Court GRANTS Plaintiff States Motion for Preliminary Injunction [Doc. No. 3]. Therefore, the U.S. Department of the Interior, the United States Bureau of Land Management, the United States Bureau of Ocean Energy Management, and the United States Bureau of Safety and Environmental Enforcement, along with their directors, employees and Secretary are hereby ENJOINED and RESTRAINED from implementing the Pause of new oil and natural gas leases on public lands or in offshore waters as set forth in Section 208 of Executive Order 14008, 86 Fed. Reg. 7619, 7624-25 (Jan. 27, 2021) as to all eligible lands, both onshore, and offshore.
Additionally, said Agency Defendants shall be ENJOINED and RESTRAINED from implementing said Pause, with respect to Lease Sale 257, Lease Sale 258, and all eligible lands onshore. This preliminary injunction shall remain in effect pending the final resolution of this case, or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court. No security bond shall be required under Federal Rule of Civil Procedure 65.
What is unclear about what was in the above injunction that suddenly grants the Executive Branch the monarchical power to be "above the law" and ignore a federal court ruling -