In Thursday’s ruling, Judge Terry Doughty of the Western District of Louisiana, a Trump appointee, permanently blocked the January 2021 order in 13 states that sued over the order last March. The states in question are Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Nebraska, Oklahoma, Texas, Utah, and West Virginia. It does not apply to any state not involved in the litigation.
In his ruling, Doughty found the order in violation of the Mineral Leasing Act (MLA) and the Outer Continental Shelf Lands Act (OCSLA), saying it took action reserved for Congress.
“Both statutes require agencies of government defendants to sell oil and gas leases. OCSLA has a Five Year Program in effect that requires the sale of eligible leases. Defendant government agencies have no authority to make significant revisions to the OCSLA Five-Year Plan without going through the process established by Congress,” Doughty wrote.
“The MLA demands the [Interior Department] for making lease sales where eligible land is available on a quarterly lease. By halting the process, the agencies are effectively amending two congressional statutes. Neither OCSLA nor the MLA gives the Government Defendants’ agencies the authority to implement a Leasehold Sale,” he added.
On Wednesday, the Fifth Circuit Court of Appeals threw out an earlier injunction from Doughty, sending it back to the Western District to clarify the order.
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“We cannot touch the merits of the government’s challenge when we cannot ascertain from the record which conduct—an agency’s unwritten policy, a written policy outside the Executive Order, or the Executive Order itself—is mandated,” the appeals court wrote.
Biden’s original order blocked new federal oil and gas leasing on federal lands while allowing existing leases to continue as well as leases on private land. Although the order required the stay to allow for a federal lease and licensing review by the Department of the Interior, the administration has continued to defend the order in court since the review was completed. Further lease sales, including one through the end of the year, are required under the Inflation Reduction Act, which Biden signed into law earlier this week.
The Hill has reached out to the Home Office for comment.
title: “Judge Permanently Blocks Biden S Lease Freeze In States That Sued Klmat” ShowToc: true date: “2022-11-21” author: “Mavis Knapp”
In Thursday’s ruling, Judge Terry Doughty of the Western District of Louisiana, a Trump appointee, permanently blocked the January 2021 order in 13 states that sued over the order last March. The states in question are Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Nebraska, Oklahoma, Texas, Utah, and West Virginia. It does not apply to any state not involved in the litigation.
In his ruling, Doughty found the order in violation of the Mineral Leasing Act (MLA) and the Outer Continental Shelf Lands Act (OCSLA), saying it took action reserved for Congress.
“Both statutes require agencies of government defendants to sell oil and gas leases. OCSLA has a Five Year Program in effect that requires the sale of eligible leases. Defendant government agencies have no authority to make significant revisions to the OCSLA Five-Year Plan without going through the process established by Congress,” Doughty wrote.
“The MLA demands the [Interior Department] for making lease sales where eligible land is available on a quarterly lease. By halting the process, the agencies are effectively amending two congressional statutes. Neither OCSLA nor the MLA gives the Government Defendants’ agencies the authority to implement a Leasehold Sale,” he added.
On Wednesday, the Fifth Circuit Court of Appeals threw out an earlier injunction from Doughty, sending it back to the Western District to clarify the order.
Biden administration announces $310 million in funding for water reuse projects amid extended drought Defense and National Security — Taiwan welcomes further visits by US officials
“We cannot touch the merits of the government’s challenge when we cannot ascertain from the record which conduct—an agency’s unwritten policy, a written policy outside the Executive Order, or the Executive Order itself—is mandated,” the appeals court wrote.
Biden’s original order blocked new federal oil and gas leasing on federal lands while allowing existing leases to continue as well as leases on private land. Although the order required the stay to allow for a federal lease and licensing review by the Department of the Interior, the administration has continued to defend the order in court since the review was completed. Further lease sales, including one through the end of the year, are required under the Inflation Reduction Act, which Biden signed into law earlier this week.
The Hill has reached out to the Home Office for comment.
title: “Judge Permanently Blocks Biden S Lease Freeze In States That Sued Klmat” ShowToc: true date: “2022-11-25” author: “Marquita Terwilliger”
In Thursday’s ruling, Judge Terry Doughty of the Western District of Louisiana, a Trump appointee, permanently blocked the January 2021 order in 13 states that sued over the order last March. The states in question are Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Nebraska, Oklahoma, Texas, Utah, and West Virginia. It does not apply to any state not involved in the litigation.
In his ruling, Doughty found the order in violation of the Mineral Leasing Act (MLA) and the Outer Continental Shelf Lands Act (OCSLA), saying it took action reserved for Congress.
“Both statutes require agencies of government defendants to sell oil and gas leases. OCSLA has a Five Year Program in effect that requires the sale of eligible leases. Defendant government agencies have no authority to make significant revisions to the OCSLA Five-Year Plan without going through the process established by Congress,” Doughty wrote.
“The MLA demands the [Interior Department] for making lease sales where eligible land is available on a quarterly lease. By halting the process, the agencies are effectively amending two congressional statutes. Neither OCSLA nor the MLA gives the Government Defendants’ agencies the authority to implement a Leasehold Sale,” he added.
On Wednesday, the Fifth Circuit Court of Appeals threw out an earlier injunction from Doughty, sending it back to the Western District to clarify the order.
Biden administration announces $310 million in funding for water reuse projects amid extended drought Defense and National Security — Taiwan welcomes further visits by US officials
“We cannot touch the merits of the government’s challenge when we cannot ascertain from the record which conduct—an agency’s unwritten policy, a written policy outside the Executive Order, or the Executive Order itself—is mandated,” the appeals court wrote.
Biden’s original order blocked new federal oil and gas leasing on federal lands while allowing existing leases to continue as well as leases on private land. Although the order required the stay to allow for a federal lease and licensing review by the Department of the Interior, the administration has continued to defend the order in court since the review was completed. Further lease sales, including one through the end of the year, are required under the Inflation Reduction Act, which Biden signed into law earlier this week.
The Hill has reached out to the Home Office for comment.
title: “Judge Permanently Blocks Biden S Lease Freeze In States That Sued Klmat” ShowToc: true date: “2022-11-02” author: “Donna Vantassel”
In Thursday’s ruling, Judge Terry Doughty of the Western District of Louisiana, a Trump appointee, permanently blocked the January 2021 order in 13 states that sued over the order last March. The states in question are Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Nebraska, Oklahoma, Texas, Utah, and West Virginia. It does not apply to any state not involved in the litigation.
In his ruling, Doughty found the order in violation of the Mineral Leasing Act (MLA) and the Outer Continental Shelf Lands Act (OCSLA), saying it took action reserved for Congress.
“Both statutes require agencies of government defendants to sell oil and gas leases. OCSLA has a Five Year Program in effect that requires the sale of eligible leases. Defendant government agencies have no authority to make significant revisions to the OCSLA Five-Year Plan without going through the process established by Congress,” Doughty wrote.
“The MLA demands the [Interior Department] for making lease sales where eligible land is available on a quarterly lease. By halting the process, the agencies are effectively amending two congressional statutes. Neither OCSLA nor the MLA gives the Government Defendants’ agencies the authority to implement a Leasehold Sale,” he added.
On Wednesday, the Fifth Circuit Court of Appeals threw out an earlier injunction from Doughty, sending it back to the Western District to clarify the order.
Biden administration announces $310 million in funding for water reuse projects amid extended drought Defense and National Security — Taiwan welcomes further visits by US officials
“We cannot touch the merits of the government’s challenge when we cannot ascertain from the record which conduct—an agency’s unwritten policy, a written policy outside the Executive Order, or the Executive Order itself—is mandated,” the appeals court wrote.
Biden’s original order blocked new federal oil and gas leasing on federal lands while allowing existing leases to continue as well as leases on private land. Although the order required the stay to allow for a federal lease and licensing review by the Department of the Interior, the administration has continued to defend the order in court since the review was completed. Further lease sales, including one through the end of the year, are required under the Inflation Reduction Act, which Biden signed into law earlier this week.
The Hill has reached out to the Home Office for comment.