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Federal Judge Says Biden Cannot Pause New Leases for Drilling on
Public Lands
President Biden suspended new oil and gas drilling leases on federal
lands. A judge in Louisiana ruled those leases could not be temporarily
halted.
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The Arctic National Wildlife Refuge in Alaska, where President Biden
suspended drilling leases that had been awarded in the final days of the
Trump administration.
The Arctic National Wildlife Refuge in Alaska, where President Biden
suspended drilling leases that had been awarded in the final days of the
Trump administration.Credit...U.S. Fish and Wildlife Service, via
Associated Press
Coral Davenport <https://www.nytimes.com/by/coral-davenport>
ByCoral Davenport <https://www.nytimes.com/by/coral-davenport>
NYT, June 15, 2021
WASHINGTON — A federal judge in Louisiana has blocked the Biden
administration’s suspension of new oil and gas leases on federal lands
and waters, in the first major legal roadblock for President Biden’s
quest to cut fossil fuel pollution and conserve public lands.
Judge Terry A. Doughty of the United States District Court for the
Western District of Louisiana granted a preliminaryinjunction
<http://www.agjefflandry.com/Files/Article/10919/Documents/Injunction.pdf>Tuesday
against the administration, saying that the power to pause offshore oil
and gas leases “lies solely with Congress” because it was the
legislative branch that originally made federal lands and waters
available for leasing.
Judge Doughty also ruled that 13 states that are suing the
administration over its temporary halt to new leases “have made a
showing that there is a substantial likelihood that President Biden
exceeded his powers.”
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Jeff Landry, the Republican attorney general of Louisiana and attorneys
general from 12 other states, all Republicans, filed suit in March to
lift the White House executive order thattemporarily halted new drilling
leases on federal lands and waters
<https://www.nytimes.com/2021/01/25/climate/biden-climate-change.html>.
Mr. Biden had signed the order during his first week in office in
January, saying he wanted a pause in order to conduct a comprehensive
review of the program.
Judge Doughty ruled that Interior Secretary Deb Haaland and her agency
“are hereby enjoined and restrained from implementing the pause of new
oil and natural gas leases on public lands or in offshore waters.” until
the states’ legal case against the administration is decided.
He wrote that the pause on new leasing should end nationwide and noted
that such sweeping preliminary injunctions against federal actions were
exceedingly rare. But the judge, who was appointed by President Donald
J.
Trump,concluded<http://www.agjefflandry.com/Files/Article/10919/Documents/Memorandum.pdf>that
the 13 states had demonstrated that their economies could be irreparably
harmed by the pause on drilling.
Joining Louisiana were Alabama, Alaska, Arkansas, Georgia, Mississippi,
Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia.
The suspension of the leases has been one of the most high-profile and
controversial policy moves by a president who has made climate action
central to his agenda.
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Environmentalists celebrated the pause as a sign that Mr. Biden is
serious about shutting down production of fossil fuels, the burning of
which is the chief cause of global warming.
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Scientists have warned that the world needs to urgently cut emissions if
it has any chance to keep average global temperatures from rising above
1.5 degrees Celsius, compared with preindustrial levels. That’s the
threshold beyond which experts say the planet will experience
catastrophic, irreversible damage. Temperature change is not even around
the globe; some regions have already reached an increase of 2 degrees
Celsius.
Arecent report
<https://www.nytimes.com/2021/05/18/climate/climate-change-emissions-IEA.html>from
the International Energy Agency concluded that if the world is to stave
off the most devastating consequences of global warming, major economies
must immediately stop approving new coal plants and oil and gas fields.
Republicans and the oil industry criticized the pause as an example of
government overreach that could damage the economy and displace
thousands of oil and gas workers.
Judge Doughty agreed. “Millions and possibly billions of dollars are at
stake,” he wrote in his decision, noting that the states depend on a
share of the lease payments to fund government programs, including
conservation projects. “Local government funding, jobs for plaintiff
state workers, and funds for the restoration of Louisiana’s coastline
are at stake.”
About 10 percent of the country’s oil and gas supply comes from public
lands. Fossil fuel drilling on federal lands and waters and tribal land
generatedmore than $8 billion
<https://revenuedata.doi.gov/?tab=tab-disbursements>in tax revenue last
year, according to the Interior Department. Of that, $2.9 billion went
to the federal government, $1.8 billion went to state and local
governments, with the remainder spread among Native American tribes,
restoration projects and other funds.
A spokeswoman for the Interior Department, which manages federal oil and
gas leases on federal lands and waters, said in a statement that the
administration was reviewing Tuesday’s ruling and would comply with it.
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The spokeswoman, who declined to be quoted by name, said that the
Interior Department continued to work on an interim report to Mr. Biden
about the state of the federal oil and gas drilling programs, as well as
recommendations on the future of the federal role in drilling on public
lands.
Ms. Haaland is expected to send those recommendations to Mr. Biden later
this summer.
In a statement, Mr. Landry called the injunction “a victory not only for
the rule of law, but also for the thousands of workers who produce
affordable energy for Americans. We appreciate that federal courts have
recognized President Biden is completely outside his authority in his
attempt to shut down oil and gas leases on federal lands.”
Congressional Democrats said they would move forward with legislative
efforts to limit oil drilling on public lands.
“We need to update our fossil fuel leasing laws across the board to
establish a cleaner, more sustainable standard of use for our public
resources, as this committee is already seeking to do,” said Rep. Raul
Grijalva, Democrat of Arizona and chairman of the House Natural
Resources Committee. “Our economic and environmental future shouldn’t be
subject to rulings based on industry-funded science or opportunistic
complaints that we didn’t hear until President Biden was sworn into office.”
Ms. Haaland, a former environmental activist, once said that the federal
government should ban from public lands all new hydraulic fracturing, or
fracking, an environmentally destructive form of oil and gas drilling.
She now heads the agency that oversees the nation’s roughly 500 million
acres of public lands, including national parks and current oil and gas
drilling.
She has also been charged with overseeing Mr. Biden’s “30 by 30"
initiative, which calls for conserving 30 percent of public lands and
waters by 2030.
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