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Biden Loses Again: Appeals Court Rules Oil Lease Sale Must Proceed

The Fifth Circuit Court of Appeals orders the Biden administration to proceed with a massive offshore oil and gas lease sale.

In a significant win for energy independence, a federal appeals court panel has ruled in favor of energy industry groups, mandating the Biden administration conduct a massive offshore oil and gas lease sale without environmental restrictions. The ruling by the 5th Circuit Court of Appeals underscores the importance of maintaining affordable, reliable American energy production.

The court’s decision focuses on Lease Sale 261, a large Gulf of Mexico oil and gas lease sale required under the Inflation Reduction Act. Originally scheduled for September, the sale faced a delay after last-minute environmental restrictions were imposed by the Department of the Interior’s Bureau of Ocean Energy Management (BOEM).

The American Petroleum Institute (API), the nation’s largest fossil fuel industry group, praised the court’s decision as a victory for energy independence. Ryan Meyers, API Senior Vice President and General Counsel, emphasized the critical role of the U.S. Gulf of Mexico in American energy production, stating that the ruling provides greater certainty for the energy workforce and the Gulf Coast economy.

The legal battle emerged after the Biden administration entered into a settlement with environmental groups, leading to restrictions on Lease Sale 261. The fossil fuel industry, along with the state of Louisiana, challenged these restrictions in court. The court’s ruling upholds a lower court decision that rejected the federal government’s late modification of Lease Sale 261, which added environmental restrictions and blocked off millions of acres.

The court found that the last-minute modifications, implemented a month after the government’s settlement with environmental advocacy organizations, were unjustified. The decision acknowledges that delaying Lease Sale 261 wouldn’t protect the Rice’s whale, an endangered species, as the leased area is unrelated to their core habitat.

The ruling requires BOEM to proceed with the original 73.4 million-acre plan, overturning the administration’s attempt to restrict it to 67 million acres. The court’s decision aligns with the energy industry’s argument that the restrictions resulted from a voluntary agreement with activist groups, sidestepping legal processes, and neglecting scientific considerations.

Erik Milito, the president of the National Ocean Industries Association, praised the court’s necessary and positive response to what he deemed an unwarranted decision by the Biden administration. Milito emphasized the critical role of the U.S. Gulf of Mexico in light of escalating geopolitical tensions and instability in other oil-producing regions.

The court’s ruling, according to Milito, stands in contrast to federal policies like easing oil sanctions on Venezuela and Iran, actions that could contribute to heightened global unrest. He stressed the imperative need to fully leverage America’s energy production capabilities, particularly offshore resources, to address the nation’s most pressing challenges.

In summary, the court’s decision is seen as a rebuke to the Biden administration’s attempt to impose last-minute environmental restrictions and a victory for energy independence, providing a potential boost to American energy production.

American Coalition

American Coalition

The American Coalition operates as a 501(c)(4) non-profit organization, as amended, created by Americans who have tired of the ever-growing assault on the foundation of our entire way of life.