Arctic National Wildlife Refuge–Oil and Gas Development

Dec. 6, 1960 DOI designates 9.8 million acres of wilderness in northeastern Alaska as the Arctic National Wildlife Range. DOI is tasked with managing the land “for the purpose of preserving unique wildlife, wilderness, and recreational values.”

Dec. 2, 1980 Congress enacts the Alaska National Interest Lands Conservation Act (ANILCA) to preserve over 100 million acres of Alaskan wilderness. The law renames the Range the Arctic National Wildlife Refuge and adds over 9 million acres. Section 1002 of ANILCA authorizes oil and gas exploration in the 1.5 million acres in the Coastal Plain and orders the Interior Secretary to study the Coastal Plain, including the potential impact of oil and gas development and production in the area. Section 1003 of ANILCA establishes a prohibition on leasing, development, and oil and gas production in the rest of the Refuge.

April 1987 DOI completes and publishes the Coastal Plain Resource Assessment analyzing the likely environmental impacts of five management options. The Interior Secretary recommends Congress open the entire Coastal Plain to oil and gas exploration. The report also includes an Environmental Impact Statement (EIS). Congress continues to study the area but does not open the Coastal Plain to leasing for over three decades.

Jan. 27, 2015 The U.S. Fish and Wildlife Service (FWS) publishes a Revised Comprehensive Conservation Plan and Final EIS for the Arctic Refuge. The plan considers five management alternatives and recommends that Congress designate around 12 million acres as Wilderness Study Areas, including the Coastal Plain. This would allow the Bureau of Land Management (BLM) to implement policies to protect those areas’ natural conditions until Congress decides to designate them as wilderness areas. DOI’s Regional Director in Alaska signs the Record of Decision (ROD) adopting the Plan’s recommendations on April 3, 2015, but cannot begin managing the targeted areas as Wilderness Study Areas without Congressional authorization.

Dec. 22, 2017 President Trump signs the Tax Cuts and Jobs Act of 2017. Section 20001 of the Act authorizes oil and gas exploration, leasing, development, and production on the Refuge’s Coastal Plain and orders the DOI Secretary to establish an oil and gas plan for the Coastal Plain, including requiring that two lease sales occur within 10 years of the Act’s passage. Both lease sales must include at least 400,000 acres. The first must be held before Dec. 21, 2021, and the second before Dec. 21, 2024.

April 20, 2018 BLM announces plans to prepare an environmental impact statement (EIS) for the Coastal Plain Oil and Gas Leasing Program, initiating the scoping process for the EIS.

Nov. 8, 2018 Defenders of Wildlife files a complaint in the U.S. District Court for the District of Columbia against DOI, FWS, and BLM seeking responses to six requests submitted under the Freedom of Information Act (FOIA) for records related to oil and gas exploration, leasing, and development in the Arctic Refuge. All three agencies have yet to provide any responsive records. Defenders of Wildlife, v. Dept. of the Interior, et. al., No. 18-2572 (D.D.C.).

Dec. 20, 2018 BLM releases a draft environmental impact state (EIS) for the Coastal Plain Oil and Gas Leasing Program. Sixteen state attorneys general submit joint comments on the draft alleging that the EIS is inadequate and does not comply with the National Environmental Policy Act (NEPA).

July 31, 2019 The Gwich’in Steering Committee and environmental NGOs file suit in the District Court for the District of Alaska against DOI for failure to comply with FOIA and DOI’s implementing regulations. Plaintiffs submitted FOIA requests in 2018 and 2019 seeking information about BLM’s planning process related to the proposed Coastal Plan Oil and Gas Program. Gwich’in Steering Committee et al., v. Dept. of the Interior et al., No. 3:19-00208, (D. Alaska).

Sept. 12, 2019 BLM releases the final environmental impact statement (FEIS), recommending the least protective alternative, which would allow oil and gas leasing on 1.56 million acres of the Arctic Refuge’s Coastal Plain. Secretary Bernhardt signs the Record of Decision (ROD) adopting this alternative on Aug. 17, 2020.

Aug. 24, 2020 The Gwich’in Steering Committee and conservation groups and a coalition of environmental organizations file two lawsuits in the District Court for the District of Alaska challenging BLM’s oil and gas leasing program in the Coastal Plain under multiple statutes, including the Endangered Species Act (ESA) and NEPA. Gwich’in Steering Committee v. Bernhardt, No. 3:20-cv-00204 (D. Alaska); National Audubon Society v. Bernhardt, No. 3:20-cv-00205 (D. Alaska). Fifteen states led by Washington and three Tribes of the Gwich’in Nation file similar lawsuits on Sep. 9, 2020. Washington v. Bernhardt, No. 3:20-cv-00224 (D. Alaska); Native Village of Venetie Tribal Government v. Bernhardt, No. 3:20-cv-00223 (D. Alaska).

Oct. 23, 2020 BLM releases a proposal to conduct seismic testing in the 1002 Area of the Arctic Refuge. BLM releases the environmental assessment for proposed seismic exploration on Dec. 16, 2020, including a draft Finding of No New Significant Impact (FONNSI) for the proposed seismic exploration in the Coastal Plain, with a two week comment period. DOI rejected a similar application to conduct seismic testing in Feb. 2019 due to concerns over the impacts of testing on local polar bear populations.

Nov. 17, 2020 BLM issues a call for nominations inviting representatives from the oil and gas sector to nominate tracts of land for auction before Dec. 17, 2020. However, ten days before that period ends, on Dec. 7, 2020, BLM announces its Notice of Sale for the Coastal Plain Oil and Gas Leasing Program, and that the lease sale will take place on Jan. 6, 2021.

Dec. 8, 2020 The Fish and Wildlife Service (FWS) releases a report finding that pre-drilling seismic surveys in the Arctic Refuge will harass, but not injure or kill, polar bears. The report is a precursor to the agency issuing an incidental take permit under the Marine Mammal Protection Act (MMPA) to the Kaktovik Iñupiat Corp. for seismic surveys to assess the fossil fuel potential in the Coastal Plain.

Dec. 15, 2020 Plaintiffs in Gwich’in Steering Committee v. Bernhardt file a motion to block BLM from issuing oil and gas leases and authorizing seismic testing in the Coastal Plain. Judge Gleason denies plaintiffs’ motion for a preliminary injunction on Jan. 5, 2021, one day before the scheduled lease sale. No. 3:20-cv-00204 (D. Alaska).

Dec. 16, 2020 More than 100 lawmakers, led by Sen. Ed Markey (D-Mass.) and Rep. Jared Huffman (D-Calif.), write to Secretary Bernhardt opposing BLM’s plans to conduct a lease sale and seismic exploration on the Coastal Plain. In their letter, House representatives argue that the administration “cut corners” violating ANILCA, NEPA, and the ESA. Click here to read the Senate letter; click here to read the House letter.

Dec. 18, 2020 BLM reduces the number of tracts in the Coastal Plain available for lease by about 30%, but will proceed with the scheduled lease sale on Jan. 6, 2021.

Jan. 6, 2021 DOI holds a lease sale for 22 sections of the Coastal Plain. Only half of the sections offered for sale receive bids, and in all but two cases, the Alaska Industrial Development and Export Authority (AIDEA) is the sole bidder. BLM’s Alaska branch issues nine of the 11 leases sold on Jan. 19, 2021, totaling 437,804 acres.

Jan. 20, 2021 President Biden issues an Executive Order placing a temporary moratorium on all activities relating to BLM’s Coastal Plain Oil and Gas Leasing Program. The order also explicitly grants the Attorney General authority to stay related litigation.

June 1, 2021 Secretary Haaland announces that the NEPA analyses conducted by the Trump administration regarding the Coastal Plain Oil and Gas Leasing Program were legally deficient. DOI temporarily suspends all activities relating to the existing leases while the agency conducts a new environmental analysis.

Aug. 4, 2021 BLM issues a notice of intent to prepare a supplemental environmental impact statement (SEIS) for the Coastal Plain Oil and Gas Leasing Program. The release initiates the scoping process for the SEIS.

Aug. 31, 2021 The U.S. House of Representatives introduces a budget bill that, if passed, would repeal the Refuge’s oil and gas program, cancel leases already issued, and return payments to lessees.

Nov. 5, 2021 The Alaskan Industrial Development and Export Authority (AIDEA) files a lawsuit against the Biden Administration alleging that Secretary Haaland’s June 2021 order to suspend the Coastal Plain Oil & Gas Leasing Program violates the Tax Cuts and Jobs Act, which requires DOI to conduct a Coastal Plain lease sale by Dec. 22, 2021. On Jan. 19, 2022, the State of Alaska moves to intervene; the District Court grants Alaska’s motion on Feb. 11, 2022. Alaska Indus. Dev. and Exp. Auth. v. Biden, et al., No. 3:21-cv-00245-SLG (D. Alaska).

June 1, 2022 Regenerate Alaska, the only oil company to participate in the Jan. 6, 2020 Arctic Refuge lease sale, asks DOI to rescind its lease and refund the bid and lease rental payments. Regenerate Alaska is a subsidiary of Australian oil company 88 Energy Ltd. 

Aug. 16, 2022 BLM grants Knik Arm Service’s request to rescind its lease in the Arctic Refuge, making the state of Alaska the sole leaseholder in the Refuge. BLM will refund the money Knik Arm Services paid for the lease and all rents submitted.

Nov. 30, 2022 DOJ announces that DOI’s supplemental EIS reviewing the Coastal Plain Oil & Gas Leasing Program is delayed, and a new draft is now expected in the second quarter of 2023. National Audubon Society, et al., v. Haaland et al., No. 3:20-cv-00205 (D. Alaska).

Aug. 7, 2023 The District Court for the District of Alaska holds that the federal moratorium on oil and gas leasing activities in the Refuge’s Coastal Plain does not violate the Administrative Procedure Act (APA) or the Tax Cuts and Jobs Act. The Alaska Industrial Development and Export Authority (AIDEA) had argued that Interior lacked statutory authority to implement the moratorium, and that the moratorium was a rule requiring public notice and comment. The court also ruled that the major questions doctrine did not apply because the moratorium only affects nine leases held by three lessees over a discrete geographic area. Alaska Indus. Dev. and Exp. Auth. v. Biden, et al., No. 3:21-cv-00245-SLG (D. Alaska).

Sep. 5, 2023 AIDEA filed a motion with the District Court for the District of Alaska to alter or amend the court’s Aug. 7 order and judgment, arguing that the federal moratorium should allow actions without environmental impacts, such as archaeological surveys, and urging the court to require that Interior continue to implement the oil and gas program “at a pace proportional to the urgency expressed by Congress.” Alaska Indus. Dev. and Exp. Auth. v. Biden, et al., No. 3:21-cv-00245-SLG (D. Alaska).

Sep. 6, 2023 Secretary Haaland canceled the remaining seven oil and gas leases issued in the Refuge’s Coastal Plain, totaling 365,000 acres. Interior also notified AIDEA that its motion to amend the District Court’s order was moot. AIDEA v. Biden, et al., No. 3:21-cv-00245 (D. Alaska). The Secretary’s decision was supported by findings in the the draft supplemental EIS (SEIS), jointly released with the US Fish and Wildlife Service on the same day, which finds that the 2021 lease sale was based on “multiple legal deficiencies” including insufficient NEPA analysis and an improper interpretation of Section 20001 of the Tax Cuts and Jobs Act. BLM and FWS do not identify a preferred alternative in the draft SEIS.

Oct. 17, 2023 AIDEA and the other plaintiffs filed a motion for relief from the court’s Aug. 7 judgment, arguing that the lease cancellation rendered their previous claims moot. Plaintiffs also asked the court to vacate its Aug. 7 judgment dismissing their claims. AIDEA et al. v. Biden, et al., No. 3:21-cv-00245 (D. Alaska).

Oct. 18, 2023 AIDEA filed a new complaint in the District Court for the District of Columbia challenging Interior’s termination of the seven lease agreements in the Arctic Refuge. AIDEA v. Interior et al., No. 1:23-cv-03126 (D.D.C.). On Jan. 16, 2024, AIDEA amended its Oct. 13, 2023 complaint against Interior to allege the agency illegally treated oil and gas leases like licenses when it canceled the state’s leases in the Arctic Refuge. Interior filed its answer to the amended complaint on Jan. 30, 2024, and moved to transfer the action to the District of Alaska. On Feb. 23, 2024, the District Court for the District of Columbia  granted Interior’s motion to transfer venue. AIDEA v. Interior et al., No. 1:23-cv-03126 (D.D.C.). 

Feb. 22, 2024 The District Court for the District of Alaska dismissed AIDEA’s Oct. 17, 2023 motions for relief and vacatur, holding that the case is not moot because a court could still grant plaintiffs relief, including the relief AIDEA sought before the District Court for the District of Columbia, that is, an order directing the federal government to lift the moratorium. AIDEA et al. v. Biden, et al., No. 3:21-cv-00245 (D. Alaska).