The court denied the government defendants’ motion to transfer the case to the District of Wyoming pursuant to the first-to-file rule. The court concluded that although there was “some overlap” between the two cases, there was not “substantial overlap.” The court noted that the federal agencies and the statutory authority were not the same, with the Wyoming suit being a “much narrower challenge to one agency decision, while the Louisiana suit is a much broader claim against several agencies, and President Biden.” In the absence of complete overlap, the court concluded that factors such as the plaintiff states’ interests in having the suits heard in a forum that handles both the Mineral Leasing Act and the Outer Continental Shelf Lands Act, the states’ “substantial financial interest,” and the potential burden to the District of Wyoming all weighed in favor of denying the motion to transfer. The court also declined to sever and transfer the land-based portion of the lawsuit.

Lawsuit challenging pause on new oil and gas leasing on public lands and in offshore waters.

Louisiana v. Biden

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Louisiana Federal Court Denied Government’s Motion to Transfer in Challenge to Pause on Oil and Gas Leasing

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Louisiana Federal Court Denied Government’s Motion to Transfer in Challenge to Pause on Oil and Gas Leasing

Policy instrument

Renewable energy

Fossil fuel

Economic sector