A three‑judge panel of the US Ninth Circuit Court of Appeals on Friday declined to take apart a Biden-era federal approval for ConocoPhillips’ Willow Project on the edge of the National Petroleum Reserve-Alaska. Though the court said there were some procedural shortcomings in the Bureau of Land Management’s review, those errors were minor in nature and insufficient to block the project.
“We’re thrilled that the Willow Project can move forward. The court highlighted its significant benefits for our state, including job creation and better access,” said Gov. Mike Dunleavy. “The tide is turning. Common sense in the courts hopefully becomes a constant in the future. Alaska is a resource development state. We do it better than any place in the planet.”
The appeals court told Earthjustice, Center for Biological Diversity, Friends of the Earth, Greenpeace, and the Natural Resources Defense Council to take a hike.
Judge Gabriel P. Sanchez, a liberal Biden appointee, issued a dissenting opinion, saying the procedural mistakes were enough to halt progress. Now, attorneys for the environmental litigation industry are evaluating whether to elevate the case to the Supreme Court.
While the court sent the environmental impact study back to the BLM and directed officials to explain their decision for reducing the drilling plan from five drilling pads to three, the question of an appeal to the US Supremes remains. But work is already underway at Willow, located on land set aside 100 years ago specifically for petroleum development. The size of Indiana, the NPR-A covers approximately 23 million acres. The Willow footprint is 385 acres, less than 0.002% of the total NPR-A. ConocoPhillips plans on first oil production by 2029.
