9th Circuit allows Willow project to proceed but gives the agency homework

By Niina H. Farah | 06/13/2025 04:08 PM EDT

“BLM’s lone error is at heart a procedural, not a substantive violation,” a federal judge wrote in Friday’s majority opinion.

Aerial photo shows an exploratory drilling camp in snow.

An exploratory drilling camp is shown at the proposed site of the Willow oil project on Alaska's North Slope in 2019. ConocoPhillips/AP

A federal appeals court is largely upholding the Interior Department’s approval of ConocoPhillips’ massive Willow project in Alaska’s National Petroleum Reserve, even as it ordered some supplemental environmental reviews.

In a 2-1 decision, a panel on the 9th U.S. Circuit Court of Appeals found Interior’s Bureau of Land Management failed to fully explain its rationale for selecting a scaled-back project design that included three drilling areas in the remote Arctic region.

“BLM’s lone error is at heart a procedural, not a substantive violation,” said Judge Ryan Nelson, a Trump appointee, writing the majority opinion for the court in the consolidated case.

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“And while some procedural errors could be ‘serious,'” Nelson continued, “this one is not.”

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