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The Climate Litigation Database
Litigation

League of Conservation Voters v. Trump

About this case

Documents

Filing Date
Type
Action Taken
Document
Summary
04/13/2021
Decision
District court judgment vacated and case remanded with instructions to dismiss without prejudice.
The Ninth Circuit Court of Appeals vacated the judgment of an Alaska federal district court that held that President Trump exceeded presidential authority granted by the Outer Continental Shelf Lands Act when he issued an executive order revoking President Obama’s withdrawals of certain areas in the Arctic and Atlantic Oceans from oil and gas leasing. The Ninth Circuit agreed with the parties that President Biden’s revocation of President Trump’s executive order rendered the case moot. The Ninth Circuit directed the district court to dismiss the case without prejudice.
03/29/2021
Brief
Responsive supplemental brief filed by federal appellants.
03/31/2020
Reply
Reply brief filed by State of Alaska.
03/31/2020
Reply
Reply brief filed by American Petroleum Institute.
03/26/2020
Reply
Reply brief filed by federal appellants.
02/20/2020
Amicus Motion/Brief
Amicus brief filed by natural resources law professors in support of League of Conservation Voters et al.
02/13/2020
Brief
Answering brief filed by plaintiffs-appellees League of Conservation Voters et al.
11/22/2019
Brief
Opening brief filed by intervenor State of Alaska.
In its opening brief, Alaska argued that the district court erred in determining that President Trump lacked authority, contending that the district court’s interpretation “distorts the meaning of the withdrawal provision of the Outer Continental Shelf Lands Act and effectively allows a single president to nullify the Act and vitiate the Act’s promises for the State of Alaska.”
11/22/2019
Brief
Opening brief filed by American Petroleum Institute.
The American Petroleum Institute's opening brief argued for a reading of the Outer Continental Shelf Lands Act that gives the president “broad discretion over withdrawals,” including authority to modify previous exercises of that discretionary authority.
11/07/2019
Brief
Opening brief filed by federal appellants.
The federal government, State of Alaska, and American Petroleum Institute filed briefs urging the Ninth Circuit Court of Appeals to reverse the District of Alaska’s decision vacating President Trump’s revocation of President Obama’s withdrawals of areas in the Arctic and Atlantic Oceans from oil and gas leasing. The federal brief argued that the plaintiffs had not satisfied threshold requirements for their suit, including standing, ripeness, a waiver of sovereign immunity, and the existence of a congressionally created cause of action. The federal brief also argued that the district court erred in concluding that President Trump’s action exceeded his authority under the Outer Continental Shelf Lands Act, which provides that the president “may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.”

Summary

Challenge to executive order reversing President Obama’s withdrawal of lands in the Atlantic and Arctic Oceans from future oil and gas leasing.