Western Energy Alliance v. Biden

Filing Date: 2021
Case Categories:
Principal Laws:
Administrative Procedure Act (APA), National Environmental Policy Act (NEPA), Mineral Leasing Act (MLA), Federal Land Policy and Management Act (FLPMA)
Description: Challenge to the Biden administration's suspension of new federal oil and gas leasing on public lands.
  • Western Energy Alliance v. Biden
    Docket number(s): 0:21-cv-00013
    Court/Admin Entity: D. Wyo.
    Case Documents:
    Filing Date Type File Action Taken Summary
    09/02/2022 Order Download Challenged agency actions upheld. Wyoming Federal Court Upheld Pause on Oil and Gas Leasing on Public Lands. In two lawsuits challenging the pause on oil and gas leasing on public lands (one brought by industry groups and the other by the State of Wyoming), the federal district court for the District of Wyoming upheld the federal defendants’ actions. The court held that based on when they filed their actions, Wyoming had standing to challenge the postponement of lease sales in the first quarter of 2021 but that neither the industry groups nor Wyoming had standing to challenge lease sale postponements in the second quarter of 2021. The court further found that the first-quarter lease sale postponements did not violate the Mineral Leasing Act because the administrative record indicated that the postponements were implemented to ensure compliance with the National Environmental Policy Act (NEPA) in response to court decisions that found NEPA shortcomings in previously authorized lease sales, and not because the Interior Secretary stopped all quarterly lease sales pursuant to President Biden’s executive order. In addition, the court found that the first-quarter postponements were not arbitrary, capricious, or an abuse of discretion and did not violate the Federal Land Policy and Management Act or NEPA.
    08/31/2022 Letter Download Letter filed by federal defendants regarding supplemental authorities.
    04/22/2022 Notice Download Notice of competitive lease sale activity submitted by respondents.
    10/20/2021 Amicus Brief Download Brief of amicus curiae Western Leaders Network filed in support of respondents and intervenor-respondents.
    10/19/2021 Reply Download Reply brief filed in support of Wyoming's petition for review of final agency action.
    10/19/2021 Reply Download Reply filed by Western Energy Alliance and Petroleum Association of Wyoming in support of petitioners' arguments on the merits.
    10/05/2021 Response Download Opposition filed by respondents to industry petitioners' opening brief on the merits.
    10/05/2021 Response Download Response brief on the merits filed by business coalition.
    10/05/2021 Response Download Response brief on the merits filed by conservation groups.
    10/05/2021 Response Download Opposition filed by respondents to Wyoming's brief on the merits.
    08/30/2021 Brief Download Brief filed in support of Wyoming's petition for review of final agency action.
    08/30/2021 Memorandum Download Opening memorandum on the merits filed by petitioners Western Energy Alliance and Petroleum Association of Wyoming.
    06/30/2021 Order Download Motions for preliminary injunction denied without prejudice. On June 30, 2021, the Wyoming federal court denied the motions without prejudice, finding that they were “materially moot.”
    06/23/2021 Response Download Response filed by intervenor-respondent business coalition to court's order for limited briefing on stay of proceedings.
    06/23/2021 Response Download Supplemental memorandum filed by conservation groups regarding stay of proceedings.
    06/23/2021 Response Download Statement filed by trade group petitioners on proposed stay of proceedings.
    06/23/2021 Response Download Brief filed by respondents in response to the order for limited briefing on stay of proceedings.
    06/23/2021 Response Download Brief filed by Wyoming in response to order for limited briefing on stay of proceedings.
    06/17/2021 Reply Download Reply filed by trade group petitioners in support of motion for preliminary injunction.
    06/17/2021 Reply Download Reply filed by Wyoming in support of motion for preliminary injunction.
    06/16/2021 Order Download Court issued order for limited briefing on stay of proceedings. After a Louisiana federal court issued a nationwide injunction barring the Biden administration from implementing a "pause" on onshore and offshore oil and gas leasing, the federal district court for the District of Wyoming issued a sua sponte order in a separate case challenging the pause on new onshore leasing. The order directed the parties to submit briefs on whether the court should stay proceedings in light of the Louisiana court’s order. The parties all opposed staying the proceedings, though the trade group petitioners said the court could temporarily defer ruling on their motion for a preliminary injunction.
    06/07/2021 Opposition Download Response filed by intervenor-respondent business coalition in opposition to the petitioners' motions for preliminary injunction.
    06/07/2021 Opposition Download Response filed by conservation groups in opposition to motion for preliminary injunction.
    06/07/2021 Opposition Download Opposition filed to motions for preliminary injunction.
    05/20/2021 Order Download Motion to consolidate cases granted. The court also consolidated the two lawsuits challenging the Biden administration's oil and gas leasing suspension, one brought by the State of Wyoming and the other brought by the Western Energy Alliance. Briefing on preliminary injunction motions is scheduled to be completed on June 17, 2021.
    05/12/2021 Order Download Motions to intervene granted. Wyoming Federal Court Allowed Conservation Groups and Business Coalition to Intervene in Cases Challenging Suspension of Oil and Gas Leasing. The federal district court for the District of Wyoming granted motions by conservation groups and a business coalition to intervene as respondents in the lawsuits challenging the Biden administration’s pause on new oil and gas leasing on public lands. The business coalition is made up of ski resort companies, a hunting and fishing apparel and education business, a biking outfitter, a ranch, and a farm.
    04/27/2021 Response Download Respondents filed response to motion by business-coalition to intervene as respondents taking no position.
    04/27/2021 Response Download Respondents filed response to motion by conservation groups to intervene as respondents taking no position.
    04/19/2021 Motion to Intervene Download Motion filed by business-coalition to intervene as respondents.
    04/19/2021 Motion to Intervene Download Motion to intervene filed by conservation groups.
    01/27/2021 Petition for Review Download Petition for review filed. Trade Group Challenged Suspension of Federal Oil and Gas Leasing Program. Western Energy Alliance—a trade association that represents companies in the oil and natural gas exploration and production industry—filed a petition for review in the federal district court for the District of Wyoming challenging the Biden administration’s suspension of the federal oil and gas leasing program. The trade association asserted that the suspension was “an unsupported and unnecessary action that is inconsistent with the Secretary[] [of the Interior’s] statutory obligations.”
  • Wyoming v. U.S. Department of Interior
    Docket number(s): 0:21-cv-00056
    Court/Admin Entity: D. Wyo.
    Case Documents:
    Filing Date Type File Action Taken Summary
    05/14/2021 Motion Download Motion to consolidate filed.
    05/12/2021 Order Download Conservation groups' motion to intervene granted.
    05/03/2021 Memorandum of Law Download Memorandum of law filed in support of Wyoming's motion for preliminary injunction. Wyoming Asked Court to Restart Federal Oil and Gas Leasing. Wyoming filed a motion in the federal district court for the District of Wyoming seeking a preliminary injunction to enjoin the Biden administration’s suspension of new oil and gas leasing on public lands and in offshore waters while agencies review leasing practices. Wyoming argued it was likely to succeed on the merits of its claims under the Federal Land Planning and Management Act, the Mineral Leasing Act, the Administrative Procedure Act, and the National Environmental Policy Act. Wyoming also contended it would suffer irreparable harm on four fronts: loss of revenue from federal lease sales, los of revenue from minerals Wyoming cannot recover, environmental consequences such as increased emissions from less efficient environmental controls, and procedural injury. Wyoming argued that the “purported unsubstantiated greenhouse gas benefits do not outweigh the public interest in ensuring compliance with federal law which, in turn, generates substantial revenue for the federal government.”
    04/30/2021 Motion to Intervene Download Motion to intervene as respondents filed by business coalition.
    04/27/2021 Response Download Respondents filed response to conservation groups' motion to intervene taking no position.
    04/19/2021 Motion to Intervene Download Motion to intervene filed by conservation groups.
    03/24/2021 Complaint Download Complaint filed. States Filed Lawsuits Challenging Pause on Federal Oil and Gas Leasing Activities. The State of Wyoming filed a lawsuit in federal court in Wyoming asserting that a moratorium on new oil and gas leasing on public lands violated the Mineral Leasing Act, the Federal Land Policy and Management Act, the National Environmental Policy Act, and the Administrative Procedure Act. Wyoming's suit was separate from a suit filed in federal court in Louisiana by 13 other states.