Federal Offshore Oil and Gas 5-Year Leasing Program

Feb. 19, 2025 Northern Alaska Environmental Center and a number of environmental organizations challenged President Trump’s Executive Order 14148, which maintains that areas of the Outer Continental Shelf—previously permanently withdrawn by President Biden—are open to oil and gas leasing. The plaintiffs allege that President Trump’s EO exceeded his constitutional authority under Article II of the Constitution and intruded on Congress’s non-delegated exclusive power under the Property Clause. Additionally, the plaintiffs maintain that President Trump exceeded his statutory authority under the OCSLA. The organizations requested declaratory and injunctive relief. Northern Alaska Environmental Law Center et al. v. Donald J. Trump, No. 3:25-cv-0038 (D. Alaska).

Feb. 3, 2025 Following President Trump’s Jan. 20, 2025 EO 14154, titled “Unleashing American Energy,” Secretary Burgum directed DOI to plan steps to review the 5-year program for offshore oil and gas leasing. In Secretary Order No. 3420, Secretary Burgum also directed DOI to take actions to expedite the leasing of the OCS for oil and gas exploration and production, consistent with applicable laws and regulations.

Jan. 20, 2025 President Trump issued EO 14148, titled “Initial Recissions of Harmful Executive Orders and Actions.” The Executive Order revoked President Biden’s three memoranda withdrawing portions of the Outer Continental Shelf from future oil and gas leasing.

Jan. 20, 2025 The State of Texas and W&T Offshore, Inc. filed a complaint challenging President Biden’s permanent withdrawal of areas of the Outer Continental Shelf from oil and gas leasing. The plaintiffs maintain that President Biden’s withdrawal is ultra vires as it exceeds statutory authority granted to the President under the OSCLA. The plaintiffs also allege that President Biden’s withdrawal memorandum is unconstitutional because it violates the Major Questions Doctrine. State of Texas et al. v. Biden, No. 9:25-cv-00010 (E.D. Tex.).

Jan. 17 , 2025 Several states and the American Petroleum Institute filed a complaint challenging President Biden’s withdrawals of offshore areas from oil and gas leasing. The plaintiffs assert that the withdrawals violate the nondelegation doctrine, the Property Clause, and the major questions doctrine. Louisiana v. Biden, No. 2:25-cv-0071 (W.D. La.).

Jan. 6, 2025 President Biden issued two Presidential Memoranda withdrawing significant portions of the Outer Continental Shelf from future oil and gas leasing. The withdrawals have no expiration date, and the areas withdrawn encompass more than 334 million acres of the Atlantic OCS, 250 million acres of Federal waters off the West Coast, and 44 million acres of the Northern Bering Sea.

Apr. 1, 2024 BOEM published candidate areas for the proposed Gulf of Mexico oil and gas Lease Sales 262, 263, and 264. The areas identified cover around 94.1 million acres.

Feb. 12, 2024 The American Petroleum Institute filed a petition seeking judicial review of BOEM’s record of decision and approval of the 2024-2029 leasing program. American Petroleum Institute v. DOI, No. 24-01023 (D.C. Cir.).

Jan. 19, 2024 BOEM finalized revisions to its bid adequacy procedures to ensure fair market value from oil and gas lease sales.

Dec. 20, 2023 BOEM announced the results of Lease Sale 261.

Dec. 14, 2023 The Secretary of the Interior approved the schedule of proposed offshore lease sales described in the 2024-2029 National Outer Continental Shelf Oil and Gas Leasing Proposed Final Program.

Nov. 16, 2023 Pursuant to the Fifth Circuit order, BOEM scheduled Lease Sale 261 in the Gulf of Mexico for Dec. 20, 2023  and included zones previously excluded due to potential ecological impacts. Louisiana v. Haaland, Docket No. 23-30666 (5th Cir.).

Nov. 14, 2023 The Fifth Circuit denied environmental groups’ petition to intervene and ordered BOEM to hold Lease Sale 261 within 37 days. Louisiana v. Haaland, Docket No. 23-30666 (5th Cir.).

Nov. 2, 2023 BOEM delayed Lease Sale 261 in the Gulf of Mexico until the Fifth Circuit Court of Appeals rules on BOEM’s changes to the sale terms. See Louisiana v. Haaland, Docket No. 23-30666 (5th Cir.).

Oct. 5, 2023 BOEM released the revised final notice of sale for Lease Sale 261 in the Gulf of Mexico. To comply with the Fifth Circuit’s order, the agency agreed to schedule the lease sale. Louisiana et al. v. Haaland et al., Docket No. 23–30666 (5th Cir.).

Sep. 29, 2023 DOI released its 5-year Proposed Final Program and EIS for 2024-2029 offshore oil and gas lease sales. The agency proposed holding a maximum of three oil and gas sales over the 5-year period. The agency explained that this would be the fewest oil and gas lease sales that the program has ever offered, but that the program complies with the IRA and allows the agency to continue offering offshore wind leases. For more on the IRA’s offshore energy leasing requirements, see Hannah Dobie and Abby Husselbee’s paper.

Sep. 25, 2023 The Fifth Circuit partially denied the BOEM’s motion for preliminary injunction, giving the agency until Nov. 8, 2023 to hold Lease Sale 261. Louisiana et al. v. Haaland et al., Docket No. 23–30666 (5th Cir.).

Sep. 21, 2023 The Western District of Louisiana granted Louisiana and industry groups’ motion for preliminary injunction and orders BOEM to hold Lease Sale 261 by Sep. 30, 2023. Louisiana et al. v. Haaland et al., Docket No. 2:23–CV–01157 (W.D. La).

Aug. 25, 2023 Environmental groups filed a complaint arguing that BOEM’s decision to hold Lease Sale 261 is based on an inadequate environmental analysis and therefore violated NEPA and the APA. Healthy Gulf v. Daniel-Davis, No. 1-23-cv-02487 (D.D.C.). Louisiana and industry groups also filed a complaint against BOEM, challenging the agency’s decision to limit the acreage available in Lease Sale 261. Louisiana v. Haaland, No. 2-23-cv-01157 (W.D. La.).

Aug. 23, 2023 BOEM published the Final Notice of Sale and Record of Decision for Lease Sale 261 to be held on Sep. 27, 2023 in the Gulf of Mexico.

Aug. 14, 2023 Chevron and American Petroleum Institute filed a motion for summary judgment in the case against Lease Sale 259. Healthy Gulf v. Haaland, No. 1:23-cv-00604 (D.D.C.).

Aug. 7, 2023 BOEM filed a motion for summary judgment in environmental groups’ case against Lease Sale 259, arguing that the agency completed adequate environmental reviews. in environmental groups’ case challenging Lease Sale 259. Healthy Gulf v. Haaland, No. 1:23-cv-00604 (D.D.C.).

Jun. 20, 2023 Environmental groups filed a motion for summary judgment in the case against Lease Sale 259. Healthy Gulf v. Haaland, No. 1:23-cv-00604 (D.D.C.).

May 11, 2023 EPA issued the Final 2023 GMG290000 Outer Continental Shelf General Permit for new and existing sources and new dischargers of offshore oil and gas extraction point sources for the Western and Central portion of the OCS.

Mar. 29, 2023 As required by the IRA, BOEM held Lease Sale 259 in the Gulf of Mexico, auctioning off 313 tracts covering 1.6 million acres. Actual lease sales totaled roughly 2% of the total 73.3 million acres available in Lease Sale 259.

Apr. 21, 2023 American Petroleum Institute filed a motion to intervene as a defendant in environmental groups’ case challenging Lease Sale 259. Healthy Gulf v. Haaland, No. 1:23-cv-00604 (D.D.C.).

Mar. 22, 2023 Chevron filed a motion to intervene as a defendant in environmental groups’ case challenging Lease Sale 259. Healthy Gulf v. Haaland, No. 1:23-cv-00604 (D.D.C.).

Mar. 16, 2023 Conservation groups filed a notice of intent to sue DOI for failing to respond to their January 2022 petition to phase out oil and gas production by 2035. The conservation groups planned to sue under the APA for “unreasonable delay” if the agency did not initiate rulemaking or provide a substantive response within 30 days.

Mar. 6, 2023 Environmental groups filed a complaint against DOI, seeking declaratory and injunctive relief against DOI’s decision to hold Lease Sale 259. The environmental groups argued the lease sale is unlawful because of “insufficient and arbitrary environmental analysis” under NEPA and the APA. Healthy Gulf v. Haaland, No. 1:23-cv-00604 (D.D.C.). DOI filed a brief indicating that it plans to approve the next 5-year program in December 2023. American Petroleum Institute v. DOI, No. 22-1222 (D.C. Cir.).

Feb. 24, 2023 As required by the IRA, BOEM publishes a final Notice of Sale for Lease Sale 259 for 73.3 million acres in the Gulf of Mexico.

Feb. 17, 2023 The Court of Appeals for the D.C. Circuit concluded that oral arguments “will not assist the court” in the litigation on Lease Sale 257, and it will issue an opinion on the basis of the record and appellate briefs. Friends of Earth v. Haaland, No. 22-05037 (D.C. Cir).

Jan. 25, 2023 Both sides filed their final briefs in the litigation on the NEPA review of Lease Sale 257. Appellant API argued that the D.C. Circuit has jurisdiction to decide the appeal, that the environmental groups’ claims are premature for a court to decide, that DOI’s NEPA review was adequate, and that the District Court abused its discretion in vacating the sale. Environmental group appellees argued that the Circuit Court lacks appellate jurisdiction, that the D.C. District properly adjudicated their claims, that the D.C. District correctly held that DOI violated NEPA by failing to account for the potential global emissions associated with the lease sales, and that the D.C. District did not abuse its discretion in vacating the sale. Several groups filed amicus briefs. Friends of Earth v. Haaland, No. 22-05037 (D.C. Cir).

Jan. 11, 2023 Appellants American Petroleum Institute and Louisiana filed a reply brief arguing that the case on the adequacy of BOEM’s NEPA Review of Lease Sale 257 is moot in light of the IRA. Alternatively, if the court does not dismiss the case as moot, appellants argued that the court should reverse the judgment of the D.C. District Court that vacated the sale and ordered further NEPA review. Friends of Earth v. Haaland, No. 22-05037 (D.C. Cir).

Dec. 30, 2022 As required by the Inflation Reduction Act, BOEM held Lease Sale 258 for tracts of land in Cook Inlet, Alaska. BOEM received one bid for one tract of land. Agencies will now review the bid.

Nov. 23, 2022 Environmental groups file a motion opposing BOEM’s and intervening defendants’ motions to dismiss their NEPA case against Lease Sale 257 as moot. Friends of the Earth v. Haaland, No. 22-05037 (D.C. Cir.).

Nov. 1, 2022 The D.C. Circuit issued a per curiam order granting BOEM’s and intervening defendants motions for leave to file a motion to dismiss.

Oct. 24, 2022 BOEM published a Proposed Notice of Sale (NOS) for Lease Sale 259 in the Gulf of Mexico to comply with the IRA. The auction is scheduled for March 29, 2023.

Oct. 20, 2022 BOEM announced the availability of a Final Environmental Impact Statement (EIS) analyzing the potential environmental impacts of Lease Sale 258 in Cook Inlet, Alaska. The IRA required BOEM to hold this sale by the end of 2022.

Oct. 6, 2022 BOEM published a Draft Supplemental Environmental Impact Statement (EIS) for Lease Sale 259 and 261 in the Gulf of Mexico with the public comment period open through November 14. The IRA required BOEM to hold Lease Sale 259 by the end of March 2023 and Lease Sale 261 by September 2023.

Sep. 23, 2022BOEM issued a Notice of Availability for Lease Sale 258 in Cook Inlet, Alaska. The IRA required BOEM to hold this sale by the end of 2022.

Sep. 16, 2022 Intervening defendants American Petroleum Institute and Louisiana filed a motion in the D.C. Circuit asking the court for leave to file a motion to dismiss the case as moot. Friends of the Earth v. Haaland, No. 22-05037 (D.C. Cir.).

Sep. 15, 2022 BOEM filed leave to file a motion to dismiss and a motion to dismiss the NEPA case against Lease Sale 257. BOEM argued that NEPA only requires Environmental Impact Statements for “major federal actions” and that with the passage of the IRA, Lease Sale 257 became nondiscretionary. Friends of the Earth v. Haaland, No. 22-05037 (D.C. Cir.).

Sep. 14, 2022 BOEM accepted bids for Lease Sale 257 to comply with the IRA.

Aug. 30, 2022 The D.C. Circuit held that the DOI’s environmental impact statement for Lease Sales 250 and 251, both of which were held in 2018, “unreasonably refused to consider possible deficiencies in environmental enforcement.” The court remanded the sales to the agencies, but did not vacate them. Gulf Restoration Network v. Haaland, No. 20-05179 (D.C. Cir).

Aug. 26, 2022 American Petroleum Institute and other oil and gas industry associations filed a petition for review, asking the D.C. Circuit to review DOI’s failure to “to prepare and maintain a Five Year Leasing Program for leasing federal oil and gas on the Outer Continental Shelf as required by the Outer Continental Shelf Lands Act.” American Petroleum Institute v. DOI, No. 22-1222 (D.C. Cir.)

Aug. 17-18, 2022The Fifth Circuit vacated the preliminary injunction that blocked the Biden administration’s pause on new oil and gas leases and remands the case for additional proceedings. Louisiana v. Biden, No. 21-30505 (5th Cir.). The next day, the District Court for the Western District of Louisiana issued a permanent injunction blocking the pause on new oil and gas leases, that applies in the thirteen plaintiff states: Louisiana, Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah, and West Virginia. Louisiana v. Biden, No. 2:21-CV-00778 (W.D. La.). However, the IRA made it hard for the Biden administration to implement the pause given that renewable development hinges on continued oil and gas lease auctions.

Aug. 16, 2022 President Biden signed the Inflation Reduction Act into law. The IRA raised minimum royalty rates and added new fees for lease auctions, reinstated lease sales 257, 258,259, and 261, and required minimum acres to be offered for oil and gas development before DOI could issue leases for offshore wind development. Read more about these requirements in our blog post.

Jul. 1, 2022 BOEM published the 2023-2028 Proposed Program for the National Outer Continental Shelf Drilling and Leasing Program and its draft environmental impact statements. The plan proposed up to eleven potential lease sales over the next five years, with ten potential sales in the Gulf of Mexico and one potential sale in Cook Inlet in Alaska.

Jun. 6, 2022 Louisiana appealed to the D.C. Circuit, asking the court to reverse the lower court’s order that canceled Lease Sale 257. Friends of the Earth v. Haaland, Docket No. 22-05037 (D.C. Cir.).

May 24, 2022 BOEM wrote a letter to the Fifth Circuit Court of Appeals explaining its decision not to hold the upcoming lease sales. Louisiana v. Biden, No. 21-30505 (5th Cir.).

Jan. 27, 2022 The District Court for the District of Columbia blocked Lease Sale 257 in the Gulf of Mexico because the DOI failed to take a “hard look” at the environmental impact of the project or to account for the effect of overseas fossil fuel use when calculating climate impacts, which violated NEPA. Friends of the Earth, et al., v. Haaland, et al., No. 21-cv-02317-RC (D.D.C.).

Nov. 26, 2021 DOI issued a report reviewing the federal oil and gas leasing process and making recommendations for reform. The report found, among other things, that the current system does not give taxpayers fair returns and does not fully account for environmental harm, and that the current system encourages speculation by and decreases competition among oil companies. The report outlined recommendations to fix these problems and concludes that DOI is deciding how it will act on these recommendations and encourages Congress to pass reforms to the oil and gas leasing process.

Nov. 17, 2021 BOEM held its largest sale ever offered, Lease Sale 257 for 308 tracts, covering 1.07 million acres of federal waters in the Gulf of Mexico. In approving the sale, the DOI claimed it was acting “consistent with a U.S. District Court’s preliminary injunction.” However, environmental groups argued that this sale was not required by the June 15 preliminary injunction.

Oct. 29, 2021 BOEM published a draft environmental impact statement (DEIS) for Lease Sale 258, which would offer leasing for oil and gas in Cook Inlet in the Gulf of Alaska. BOEM announced a 45-day public comment period on the DEIS.

Sep. 17, 2021 Plaintiffs withdrew their motion to compel Lease Sale 257. Louisiana v. Biden, Docket No. 2:21-CV-00778 (W.D. La.).

Aug. 31, 2021Environmental groups filed a lawsuit challenging DOI’s decision to hold Lease Sale 257 in the Gulf of Mexico. The groups argued that the sale of Lease 257 violates the NEPA and the APA. Friends of the Earth, et al. v. Haaland, et al., Docket No. 1:21-cv-02317 (D.D.C.).

Aug. 24, 2021The Department of Justice (DOJ) filed a memorandum in response to the plaintiff states’ August 9 motion. DOJ argued that DOI had restarted the leasing program and was therefore complying with the preliminary injunction. DOJ further argued that the preliminary injunction did not require the Lease Sale to occur on any timeline, and the government was therefore entitled to complete a new environmental review. Louisiana v. Biden, Docket No. 2:21-CV-00778 (W.D. La.).

Aug. 24, 2021 DOI announced that it will continue to prepare lease sales during the appeal of the pause.

Aug. 16, 2021The Biden administration appealed the preliminary injunction that blocked the pause on new federal oil and gas leasing. Louisiana v. Biden, Docket No. 2:21-CV-00778 (W.D. La.).

Aug. 9, 2021 A group of states filed a motion asking the court to order DOI to hold Lease Sale 257. Louisiana v. Biden, Docket No. 2:21-CV-00778 (W.D. La.).

Jun. 15, 2021 The Western District of Louisiana issued a preliminary injunction blocking President Biden’s pause on oil and gas lease sales. Louisiana v. Biden, Docket No. 2:21-CV-00778 (W.D. La.).

Apr. 13, 2021 The Ninth Circuit dismissed the appeal of the case on EO 13795 because President Biden’s Executive Order 13990 rendered the appeal moot. League of Conservation Voters v. Trump, No. 19-35460 (9th Cir.).

Mar. 15, 2021 The Biden administration asked the Ninth Circuit to end the case in light of President Biden’s EO 13990 revoking President Trump’s EO 13795. The Biden administration asked the court to vacate the lower court ruling and remand with instructions to dismiss the case. League of Conservation Voters v. Trump, No. 19-35460 (9th Cir.).

Jan. 27, 2021 The Ninth Circuit ordered parties to submit supplemental briefs on the impact of President Biden’s EO 13990 on the case challenging Trump’s revocation of Obama’s withdrawal of areas from leasing via EO 13795. League of Conservation Voters v. Trump, No. 19-35460 (9th Cir.).

Jan. 20-27, 2021 President Biden signed EO 13990 that revoked Trump’s EO 13795. President Biden then signed EO 14008 that paused all offshore and onshore oil and gas leasing pending a comprehensive review of the leasing and permitting program. For more on the pause and related litigation, see our tracker page. See our tracker page on the Biden Administration’s leasing pause and related litigation.

June 5, 2020 The Ninth Circuit held oral arguments in the appeal of the District of Alaska decision that vacated portions of President Trump’s EO 13795.

Aug. 7, 2019 Environmental groups filed a supplemental complaint in their lawsuit originally challenging Lease Sale 252 for oil and gas development in the Gulf of Mexico. The supplemental complaint asked the court to add Lease Sale 253 to the challenge. The supplemental complaint argued that the sales are related because they rely on the same underlying environmental reviews. Healthy Gulf v. Bernhardt, Case No. 1:19-cv-00707 (D.D.C.).

May 28, 2019 The Trump administration appealed to the Ninth Circuit challenging the District of Alaska’s decision to reinstate President Obama’s withdrawals of Arctic and Atlantic areas from oil and gas leasing. League of Conservation Voters v. Trump, No. 19-35460 (9th Cir.).

March 29, 2019The District Court of Alaska vacated Sec. 5 of Pres. Trump’s EO 13795, reinstating former Pres. Obama’s withdrawals of Arctic and Atlantic coastal areas from oil and gas leasing. League of Conservation Voters v. Trump, No. 3:17-cv-00101-SLG (D. Alaska).

March 20, 2019 BOEM held Lease Sale 252, receiving bids on 227 tracts covering 1,261,133 acres in the Gulf of Mexico.

March 13, 2019Environmental groups challenged Lease Sale 252, set for March 20, 2019, which offers areas of the Gulf of Mexico for oil and gas development, arguing the decision to offer these areas for sale violated NEPA. Healthy Gulf v. Bernhardt, Case No. 1:19-cv-00707 (D.D.C.).

Nov. 16 2018 BOEM announced it had begun the process of developing an Environmental Impact Statement (EIS) for the proposed 2019 Beaufort Sea Lease Salein the Beaufort Sea Planning Area.

Aug. 15, 2018 BOEM held Lease Sale 251. The Lease Sale resulted in bids for 144 tracts covering 801,288 acres.

July 16, 2018 The Gulf Restoration Network, Sierra Club, and Center for Biological Diversity filed suit in the U.S. District Court for the District of Columbia Lease Sale 251 alleging it relied on arbitrary environmental analyses in violation of NEPA and the Administrative Procedure Act. Gulf Restoration Network, et al. v. Zinke, No. 1:18-cv-01674 (D.D.C.).

July 12, 2018 BOEM announced an Aug. 15, 2018 lease sale for 78 million acres in the Gulf of Mexico and published a notice of availability of the Record of Decision.

May 9, 2018The Department of Defense sent a report to the House Committee on Natural Resources and the House Armed Services Committee stating that offshore oil and natural gas drilling in the eastern part of the Gulf of Mexico would likely be incompatible with military training and testing.

March 30, 2018 BOEM published a Call for Information and Nominations covering a proposed lease sale in the Beaufort Sea in the Arctic for the 2019-2024 planning period. The call sought comments from industry about their interest in leasing in the area as well as comments on environmental issues.

March 21, 2018 BOEM held Lease Sale 250, resulting in bids for 148 tracts covering 815,403 acres in the Gulf of Mexico.

Jan. 4, 2018 The DOI released a draft proposal for a 2019-2024 5-year leasing program. DOI said the draft proposal would open up “over 90 percent of the total OCS acreage and more than 98 percent of undiscovered, technically recoverable oil and gas resources” for oil and gas exploration and production.

Aug. 16, 2017 BOEM held Lease Sale 249, resulting in bids for 90 tracts covering 508,096 acres in the Gulf of Mexico. This sale was the first of eleven in the Gulf of Mexico under the 2017-2022 5-year leasing program.

July 3, 2017 BOEM published a request for information and comments to assist the agency in preparing an expanded 5-year leasing program for 2019-2024.

May 1, 2017 DOI Sec. Zinke issued Secretarial Order 3350 to direct BOEM and BSEE as to how to implement the president’s Executive Order. Zinke directed BOEM to initiate the development of a new five-year leasing program.

April 28, 2017 President Trump signed EO 13795 to “encourage energy exploration and production” on the OCS. The EO directed DOI to reconsider many actions the prior administration took to limit or regulate offshore oil and gas development. This included efforts to limit areas available for leasing. The order directed DOI to expand offshore oil and gas leasing by:

• considering lease sales in the Central and Western Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook Inlet, the Mid-Atlantic, and the South Atlantic, areas not yet open to oil and gas development; and
• modifying President Obama’s Dec. 20, 2016 and Jan. 27, 2015 withdrawals of areas from oil and gas development to limit them to those areas designated as Marine Sanctuaries as of July 14, 2008.

Dec. 20, 2016 President Obama issued two Presidential Memoranda withdrawing 3.8 million acres of OCS oil and gas development in the Atlantic and 115 million acres in the Arctic. In total, President Obama withdrew 125 million acres of the Arctic offshore from oil and gas leasing.

Jan. 27, 2015 President Obama withdrew certain areas in the Beaufort and Chukchi Seas off the coast of Alaska from consideration for oil and gas leasing.