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The Climate Litigation Database

Louisiana v. Haaland

Geography
Year
2023
Document Type
Litigation
Part of

About this case

Filing year
2023
Status
Intervenors' appeal dismissed and preliminary injunction amended only to extent of setting new deadline.
Docket number
23-30666
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Fifth Circuit (5th Cir.)
Case category
Federal Statutory Claims (US)Other Statutes and Regulations (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesInflation Reduction Act of 2022United StatesOuter Continental Shelf Lands Act (OCSLA)
At issue
Challenge to the U.S. Department of the Interior’s decision to hold Gulf of Mexico Oil and Gas Lease Sale 261.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
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Search results
11/14/2023
Intervenors' appeal dismissed and preliminary injunction amended only to extent of setting new deadline.
The Fifth Circuit Court of Appeals ruled that four conservation groups lacked standing to appeal a preliminary injunction that ordered the Bureau of Ocean Energy Management (BOEM) to hold a specific oil and gas lease sale in the Gulf of Mexico that the Inflation Reduction Act required BOEM to hold by September 30, 2023. The State of Louisiana, the American Petroleum Institute, and two fossil fuel companies challenged BOEM’s decision to add restrictions to the terms of the lease sale to protect the endangered Rice’s whale. The Fifth Circuit found that the alleged injury to the conservation groups’ members depended on a “highly attenuated chain of possibilities” that was “insufficient to show injury in fact.” The Fifth Circuit additionally found that the groups failed to show that a favorable decision would redress the alleged injury. The Fifth Circuit ordered BOEM to conduct the sale in 37 days, which was the time BOEM said was required to provide notice of the sale in the Federal Register.
Decision
11/09/2023
Letter filed by appellees regarding recent National Marine Fisheries Service decision.
Letter
11/09/2023
Letter filed by Department of Justice regarding postponement of lease sale.
Letter
11/07/2023
Letter submitted by appellees regarding postponement of lease sale.
Letter
11/02/2023
Letter filed by the United States regarding postponement of the lease sale.
Letter
10/26/2023
Preliminary injunction stayed pending merits of panel's decision on appeal.
Decision
10/26/2023
Opening brief filed by intervenors.
Brief
10/13/2023
Brief filed by plaintiffs-appellees.
Brief
10/06/2023
Opening brief filed by federal defendants-appellants.
Brief
09/25/2023
Motion for partial stay pending appeal granted.
Decision
09/23/2023
Letter filed by Department of Justice regarding steps take in response to district court's order.
Letter
09/22/2023
Emergency motion for stay pending appeal filed by intervenor-defendant-appellants.
Motion
09/22/2023
Opposed emergency motion filed by federal defendants for partial stay pending appeal and immediate partial administrative stay.
Motion

Summary

Challenge to the U.S. Department of the Interior’s decision to hold Gulf of Mexico Oil and Gas Lease Sale 261.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance