Surprise: Ninth Circuit supports NPR-A drilling plan - Must Read Alaska
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Tuesday, December 1, 2020
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Surprise: Ninth Circuit supports NPR-A drilling plan

A surprise ruling from the Ninth Circuit Court of Appeals on Thursday gave its approval to the management plan for oil and gas drilling in the National Petroleum Reserve-Alaska, where ConocoPhillips is currently drilling and where it has plans for more wells.

The Bureau of Land Management’s environmental impact statement and management plan for the oil reserve had drawn a lawsuit from environmental groups. But a lower court ruling had upheld the BLM plans.

The Alaska Wilderness League, Defenders of Wildlife, Sierra Club, Northern Alaska Environmental Center, and Wilderness Society sought an injunction from the Ninth Circuit, saying BLM failed to analyze the environmental effects of a 2017 lease of 900 tracts that cover 10.3 million acres of reserve land.

ConocoPhillips’ oil find in the reserve is estimated to contain 130,000 barrels per day. The current flow in the Trans Alaska Pipeline System is under 500,000 barrels per day.

The Ninth Circuit, which usually sides with environmental groups, affirmed District Court Judge Sharon Gleason’s ruling that a 2012 environmental impact statement was adequate for the later oil and gas leases, and that the management plan isn’t something the government could just pull back once oil was found and the BLM had committed to the lease.

“We disagree with plaintiffs’ suggestion that a programmatic EIS prepared for a broad-scale land use plan categorically cannot provide the site-specific analysis required for irretrievable commitments of resources,” Judge Milan D. Smith wrote for the three-judge panel.

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Suzanne Downing had careers in business and journalism before serving as the Director of Faith and Community-based Initiatives for Florida Gov. Jeb Bush and returning to Alaska to serve as speechwriter for Gov. Sean Parnell. Born on the Oregon coast, she moved to Alaska in 1969.

Latest comments

  • Keep in mind this is a panel decision; it may be that Alaska was lucky in the random selection of the three judges. The odds have improved with the 9th Circuit recently, but I cannot believe that the enviro/Left would pass up an opportunity to see an EN BANC review.

    • My thoughts exactly.

    • Only explanation that makes sense.

  • Oil is organic and natural….it is green energy. I support the exploration and stability of oil-based energy. The multitude of byproducts from oil have become invisible to the general population due to a failure of knowledge. It allows us to have quality of life. From our medical advancement, clothing that is functional for all weather situations, transportation speed and safety, communication devices, building supplies, oil- based products have improved society.

    Going back to the stone age is not productive or smart. Solar, tidal, and every other option to produce energy requires oil and oil based. byproducts to produce those other energy providers.

    Just as fire impoved the life of cavemen, oil development improves the humans today and beyond.

    No on Ballot Measure One.

  • Panel was two Bush appointees and a Clinton appointed US District Court Judge from Minnesota (sitting by appointment – occasionally US District Court judges are selected to fill out appellate panels). Panel upheld Sharon Gleason (Obama appointee) lower court decision.

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