States sue to undo Biden pause on US oil & gas lease sales

States sue to undo Biden pause on US oil & gas lease sales

By KEVIN McGILL, Associated Press

NEW ORLEANS (AP) — Thirteen states sued the Biden administration Wednesday to end a suspension of new oil and gas leases on federal land and water and to reschedule canceled sales of leases in the Gulf of Mexico, Alaska waters and western states.

The Republican-leaning states seek a court order ending the moratorium imposed after Democratic President Joe Biden signed executive orders on climate change on Jan. 27.

Alabama Attorney General Steve Marshall announced that Alabama joined the suit in a press release Wednesday.

“As gas prices have risen precipitously since Biden took office, his ban on future energy development on government lands is a direct affront to American families’ livelihoods and our national security,” Marshall said.  “I have joined with 12 other states in challenging the Biden administration’s energy ban which violates both the Outer Continental Shelf Lands Act (OCSLA) and the Mineral Leasing Act (MLA).”

The suit specifically seeks an order that the government go ahead with a sale of oil and gas leases in the Gulf of Mexico that had been scheduled for March 17 until it was canceled; and a lease sale that had been planned for this year in Alaska’s Cook Inlet.

And it calls for other suspended lease sales to go forward. Sales also have been postponed for federal lands in Wyoming, Utah, Colorado, Montana, Oklahoma, Nevada and New Mexico.

Biden and multiple federal agencies bypassed comment periods and other bureaucratic steps required before such delays can be undertaken, the states claim in the lawsuit, which was filed Wednesday in the federal court’s Western District of Louisiana.

The lawsuit notes that coastal states receive significant revenue from onshore and offshore oil and gas activity. Stopping leases, the lawsuit argues, would diminish revenue that pays for Louisiana efforts to restore coastal wetlands, raise energy costs and lead to major job losses in oil producing states.

At a news conference, Landry accused the Biden administration of “effectively banning oil and gas activity that supports businesses, employees our workers and, also, as importantly, funds our coastal restoration projects.”

Although Landry and the lawsuit’s supporters said the moratorium has already driven up prices and endangered energy jobs, Biden’s suspension doesn’t stop companies from drilling on existing leases. But a long-term halt to oil and gas sales would curb future production and could hurt states like Louisiana that are heavily dependent on the industry.

Biden’s team has argued that companies still have plenty of undeveloped leases — almost 14 million acres (6 million hectares) in western states and more than 9 million acres (3.6 million hectares) offshore. Companies also have about 7,700 unused drilling permits — enough for years.

“This will not affect oil and gas production or jobs for years to come,” White House Press Secretary Jen Psaki said when asked about the lawsuit’s claims at a Wednesday briefing.

Louisiana Gov. John Bel Edwards, a Democrat, is urging the White House to reconsider the moratorium, but he also pointed to the stockpiled undeveloped leases to suggest the economic threat isn’t imminent. He said the Biden administration has started to issue permits for those stockpiled leases.

“Just as you’re starting to have the communications get you to a point where you’re feeling better about things and the permits are being issued probably isn’t the best time to file litigation,” Edwards said.

Biden administration officials have declined to say how long the pause on lease sales will last.

Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia are the other plaintiff states.

Western Energy Alliance, an industry lobbying group based in Colorado, sued over the leasing suspension in federal court in Wyoming on the same day it was announced. The Biden administration had not responded to the complaint as of Wednesday.

The Interior Department is hosting a livestreamed forum on the leasing program Thursday as it considers changes that could affect future sales and how much companies pay for oil and gas they extract. A report outlining initial findings and the next steps in the review is due this summer.