Fight over Biden Arctic leasing pause lands in 9th Circuit

By Niina H. Farah | 04/16/2024 06:38 AM EDT

Challengers want to overturn a ruling that upheld Interior’s leasing freeze in the coastal plain of the Arctic National Wildlife Refuge.

An airplane flies over caribou from the Porcupine Caribou Herd on the coastal plain of the Arctic National Wildlife Refuge in northeast Alaska.

An airplane flies over caribou on the coastal plain of the Arctic National Wildlife Refuge in northeast Alaska. Fish and Wildlife Service via AP

A financial development arm of Alaska’s state government and Alaska Native corporations are fighting a court order that upheld the Biden administration’s decision to temporarily pause new oil and gas leasing in the coastal plain of the Arctic National Wildlife Refuge.

A federal judge ruled last August that the Interior Department had acted within its power when it decided to pause leasing activity while the agency finishes a supplemental National Environmental Policy Act review of the effects of fossil fuel development on the 1.6-million-acre refuge.

The Alaska Industrial Development and Export Authority (AIDEA) — along with the North Slope Borough, Arctic Slope Regional Corp. and Kaktovik Iñupiat Corp. — are calling on the 9th U.S. Circuit Court of Appeals to overturn the lower court’s order, as well as a subsequent February decision denying the challengers’ request to alter the ruling.

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They had claimed in November that the ruling was moot after Interior canceled AIDEA’s leases last September.

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