Alaska v. U.S. Department of the Interior

Alaska and the Alaska Industrial Development and Export Authority (AIDEA) entered into a settlement with the U.S. Bureau of Land Management and other federal defendants (together BLM) to resolve Alaska’s and AIDEA’s lawsuits challenging the Biden administration’s 2024 supplemental environmental impact statement and record of decision (ROD) governing oil and gas leasing on the Coastal Plain of the Arctic National Wildlife Refuge. Alaska and AIDEA alleged that the plan approved in 2024 was unlawful, including because it violated Tax Cuts and Jobs Act of 2017 (Tax Act) requirements by failing to make available a minimum of two Coastal Plain lease sales by December 2024, with a minimum of 400,000 acres offered for lease at each sale. In addition, Alaska and AIDEA alleged that BLM erroneously interpreted the Tax Act’s provision authorizing production and support facilities on up to 2,000 surface acres. In the settlement agreement, BLM agreed that the 2024 ROD violated the Tax Act “by preventing meaningful leasing, exploration, and development of oil and gas on the Coastal Plan, as Congress mandated,” in at least four ways that were set forth in settlement agreement. BLM agreed not to issue a new ROD with any of those deficiencies, absent a change in law. In exchange, Alaska and AIDEA agreed to dismiss their claims without prejudice.

At least two lawsuits were filed in the federal district court for the District of Alaska challenging the Biden administration’s December 2024 decision authorizing oil and gas leasing on the Coastal Plain of the Arctic National Wildlife Refuge (ANWR). Alaska alleged that the December 2024 record of decision negated the 2017 Tax Cuts and Jobs Act’s directive for oil and gas leasing on the Coastal Plain “by severely limiting use and occupancy” the surface of the lands to be leased. Alaska asserted violations of the 2017 Tax Cuts and Jobs Act, the Administrative Procedure Act, the Alaska National Interest Lands Conservation Act, and the National Environmental Policy Act. The other lawsuit was filed by Alaska Industrial Development & Export Authority.