Two oil leases held in the Gulf of Mexico were deemed unlawful by the D.C. Circuit Court of Appeals on Tuesday, marking the second time this year that a court has ruled against oil leases in the Gulf. The two leases were originally proposed as part of the Trump-era Interior Department’s five-year leasing plan. In a ruling issued by Judge Gregory Katsas, the court deemed that the department “unreasonably refused to consider possible deficiencies in environmental enforcement.” Katsas called out multiple agencies—including the Bureau of Ocean Energy Management (BOEM)—over the leasing of some 72 million acres in the Gulf of Mexico, though he refused to vacate the leases themselves.
“The environmental groups have identified no harm that flows from leaving the sales in place for now, when exploration and development cannot occur absent further regulatory approvals from Interior,” Katsas wrote. Though the leases themselves may stay in place, there is nothing fossil fuel companies can do at this stage. For Earthjustice, the group who sued the Interior Department on behalf of organizations like Healthy Gulf and the Sierra Club, the ruling represents a “a win for Gulf communities who are on the frontlines of climate change and our global dependence on oil and gas.”
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“The court’s decision reaffirms that BOEM is failing to consider the full effects of these sales and should send a strong message to the administration and the oil and gas industry that the time to transition to clean energy and away from offshore drilling is now,” Earthjustice Senior Attorney Chris Eaton said in a statement. “With the climate crisis upon us, the administration has a once-in-a-lifetime opportunity to protect Gulf communities, waters, and wildlife and match its bold climate promises with actions by ensuring we stop auctioning off our waters to the fossil fuel industry.”
The Interior Department has yet to comment on this development. It will be interesting to see how future legal challenges—and even public opposition—play out when it comes to oil lease sales in the Gulf of Mexico. As part of the Interior Department’s draft five-year plan for offshore leases, 10 sales are scheduled in the Gulf. Public meetings have been held throughout August, with the informal final virtual open house session scheduled for Wednesday evening. A virtual meeting meant for oral testimony on Sept. 12 represents one of the best ways for the public to make their voices heard in rallying against these forthcoming lease sales.
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