Western Energy Alliance v. Biden

In two lawsuits challenging the pause on oil and gas leasing on public lands (one brought by industry groups and the other by the State of Wyoming), the federal district court for the District of Wyoming upheld the federal defendants’ actions. The court held that based on when they filed their actions, Wyoming had standing to challenge the postponement of lease sales in the first quarter of 2021 but that neither the industry groups nor Wyoming had standing to challenge lease sale postponements in the second quarter of 2021. The court further found that the first-quarter lease sale postponements did not violate the Mineral Leasing Act because the administrative record indicated that the postponements were implemented to ensure compliance with the National Environmental Policy Act (NEPA) in response to court decisions that found NEPA shortcomings in previously authorized lease sales, and not because the Interior Secretary stopped all quarterly lease sales pursuant to President Biden’s executive order. In addition, the court found that the first-quarter postponements were not arbitrary, capricious, or an abuse of discretion and did not violate the Federal Land Policy and Management Act or NEPA.

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On June 30, 2021, the Wyoming federal court denied the motions without prejudice, finding that they were “materially moot.”

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After a Louisiana federal court issued a nationwide injunction barring the Biden administration from implementing a "pause" on onshore and offshore oil and gas leasing, the federal district court for the District of Wyoming issued a sua sponte order in a separate case challenging the pause on new onshore leasing. The order directed the parties to submit briefs on whether the court should stay proceedings in light of the Louisiana court’s order. The parties all opposed staying the proceedings, though the trade group petitioners said the court could temporarily defer ruling on their motion for a preliminary injunction.

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The court also consolidated the two lawsuits challenging the Biden administration's oil and gas leasing suspension, one brought by the State of Wyoming and the other brought by the Western Energy Alliance. Briefing on preliminary injunction motions is scheduled to be completed on June 17, 2021.

The federal district court for the District of Wyoming granted motions by conservation groups and a business coalition to intervene as respondents in the lawsuits challenging the Biden administration’s pause on new oil and gas leasing on public lands. The business coalition is made up of ski resort companies, a hunting and fishing apparel and education business, a biking outfitter, a ranch, and a farm.

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