In a decision on the appropriate remedy for National Environmental Policy Act (NEPA) violations in connection with a March 2023 Gulf of Mexico oil and gas lease sale (Lease Sale 259), the federal district court for the District of Columbia held that the case was not moot but granted the federal defendants’ and intervenor-defendants’ requests for remand without vacatur. The court found in March 2025 that the Bureau of Ocean Energy Management’s (BOEM’s) NEPA review for the sale failed to take a hard look at impacts on greenhouse gas emissions and the Rice’s whale. In its decision on the remedy, the court rejected the defendants’ contention that the case was rendered moot by the completion of another environmental impact statement (EIS) in 2025 regarding oil and gas lease sales in the Gulf and the issuance of a new record of decision (ROD) in 2026 that covered Lease Sale. The court concluded that remand without vacatur was the appropriate remedy, however, because subsequent events such as the 2026 ROD “demonstrated a strong likelihood that BOEM can reach the same result after examining the latest information on greenhouse gas emissions and the Rice’s whale’s habitat.” The court also found that even partial vacatur would have disruptive consequences.

Challenge to Gulf of Mexico oil and gas lease sale covering more than 73 million acres of public waters.

Healthy Gulf v. Burgum

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D.C. Federal Court Declined to Vacate 2023 Gulf Oil and Gas Lease Sale and Related EIS

Filed

United States of America

District of Columbia

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D.C. Federal Court Declined to Vacate 2023 Gulf Oil and Gas Lease Sale and Related EIS

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance