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In reply to the discussion: Judge throws out Biden administration's massive Gulf of Mexico oil and gas lease sale [View all]BumRushDaShow
(162,047 posts)34. Yes - I got that (posted a number of times in the thread)
but here is the amended chronology (underscoring the complications) -
1. tRump produced deeply flawed environmental assessment.
2. Orders sale on that basis.
3. Biden comes in, stops the sale.
3a. Louisiana federal district court LIFTS the Biden stop on sales
3b. Biden files appeal to the court stay on his sales ban
3c. Biden directs review and modification of existing agreements to comply with the court order while under appeal
4. Enviros challenge the assessment
4a. Once the revised lease sale process is completed, the first offers are initiated in November to comply with the court order
4b. Enviros win ruling.
2. Orders sale on that basis.
3. Biden comes in, stops the sale.
3a. Louisiana federal district court LIFTS the Biden stop on sales
3b. Biden files appeal to the court stay on his sales ban
3c. Biden directs review and modification of existing agreements to comply with the court order while under appeal
4. Enviros challenge the assessment
4a. Once the revised lease sale process is completed, the first offers are initiated in November to comply with the court order
4b. Enviros win ruling.
The problem is the headline and overall characterization. The other problem are those who insist that one can defy a court order while appealing. Just. Because. And DESPITE the fact that the order itself allowed no such provision. There are times when something is under appeal and the court keeps thing status quo pending appeal. But there was no such provision and the administration then slow-walked continuing while the appeal was underway. The Louisiana judge was a TFG appointee.
This is what was reported about the Louisiana loon judge stay -
Louisiana judge blocks Biden administrations oil and gas leasing pause
By Joshua Partlow and Juliet Eilperin
June 15, 2021 at 9:47 p.m. EDT
A federal judge in Louisiana on Tuesday issued a preliminary injunction to block the Biden administrations policy of pausing the sale of new oil and gas leases on federal land while reviewing how to reform the program. The ruling by U.S. District Judge Terry A. Doughty, a Trump appointee, was a blow to the Biden administration because reforming the oil leasing program is a key part of its fight against climate change and to try to get more for taxpayers from fossil-fuel development on public lands.
The president and his aides had moved swiftly to curb oil and gas development in the past six month, rescinding a permit for the Keystone XL pipeline and suspending drilling leases in Alaskas Arctic National Wildlife Refuge. Doughty said that the administration cannot stop leasing without congressional approval and that the fossil fuel-producing states that sued to challenge the Interior Departments policy have demonstrated a substantial threat of irreparable injury.
Biden directed the Interior Department to suspend its leasing program during his first week in office. Interior Department officials had said the leasing hiatus would allow them to conduct a comprehensive review of how the leasing program works and to identify improvements. One of the key issues is whether to increase royalty rates for drilling onshore; those rates have been the same for a century. An interim report on the program is expected this summer.
Although there is certainly nothing wrong with performing a comprehensive review, there is a problem in ignoring acts of Congress while the review is being completed, Doughty wrote in his ruling.
https://www.washingtonpost.com/climate-environment/2021/06/15/louisiana-judge-blocks-biden-administrations-oil-gas-leasing-pause/
By Joshua Partlow and Juliet Eilperin
June 15, 2021 at 9:47 p.m. EDT
A federal judge in Louisiana on Tuesday issued a preliminary injunction to block the Biden administrations policy of pausing the sale of new oil and gas leases on federal land while reviewing how to reform the program. The ruling by U.S. District Judge Terry A. Doughty, a Trump appointee, was a blow to the Biden administration because reforming the oil leasing program is a key part of its fight against climate change and to try to get more for taxpayers from fossil-fuel development on public lands.
The president and his aides had moved swiftly to curb oil and gas development in the past six month, rescinding a permit for the Keystone XL pipeline and suspending drilling leases in Alaskas Arctic National Wildlife Refuge. Doughty said that the administration cannot stop leasing without congressional approval and that the fossil fuel-producing states that sued to challenge the Interior Departments policy have demonstrated a substantial threat of irreparable injury.
Biden directed the Interior Department to suspend its leasing program during his first week in office. Interior Department officials had said the leasing hiatus would allow them to conduct a comprehensive review of how the leasing program works and to identify improvements. One of the key issues is whether to increase royalty rates for drilling onshore; those rates have been the same for a century. An interim report on the program is expected this summer.
Although there is certainly nothing wrong with performing a comprehensive review, there is a problem in ignoring acts of Congress while the review is being completed, Doughty wrote in his ruling.
https://www.washingtonpost.com/climate-environment/2021/06/15/louisiana-judge-blocks-biden-administrations-oil-gas-leasing-pause/
Here is the PDF copy of the 44 page ruling by Western District of Louisiana Court Judge Terry A. Doughty - http://www.agjefflandry.com/Files/Article/10919/Documents/Memorandum.pdf
The critical part of that June ruling was this (from the PDF) -
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
STATE OF LOUISIANA ET AL
VERSUS
JOSEPH R. BIDEN, JR. ET AL
CASE NO. 2:21-CV-00778
JUDGE TERRY A. DOUGHTY
MAG. JUDGE KATHLEEN KAY
(snip)
For the foregoing reasons, the Court GRANTS Plaintiff States Motion for Preliminary Injunction [Doc. No. 3]. Therefore, the U.S. Department of the Interior, the United States Bureau of Land Management, the United States Bureau of Ocean Energy Management, and the United States Bureau of Safety and Environmental Enforcement, along with their directors, employees and Secretary are hereby ENJOINED and RESTRAINED from implementing the Pause of new oil and natural gas leases on public lands or in offshore waters as set forth in Section 208 of Executive Order 14008, 86 Fed. Reg. 7619, 7624-25 (Jan. 27, 2021) as to all eligible lands, both onshore, and offshore.
Additionally, said Agency Defendants shall be ENJOINED and RESTRAINED from implementing said Pause, with respect to Lease Sale 257, Lease Sale 258, and all eligible lands onshore. This preliminary injunction shall remain in effect pending the final resolution of this case, or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court. No security bond shall be required under Federal Rule of Civil Procedure 65.
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
STATE OF LOUISIANA ET AL
VERSUS
JOSEPH R. BIDEN, JR. ET AL
CASE NO. 2:21-CV-00778
JUDGE TERRY A. DOUGHTY
MAG. JUDGE KATHLEEN KAY
(snip)
For the foregoing reasons, the Court GRANTS Plaintiff States Motion for Preliminary Injunction [Doc. No. 3]. Therefore, the U.S. Department of the Interior, the United States Bureau of Land Management, the United States Bureau of Ocean Energy Management, and the United States Bureau of Safety and Environmental Enforcement, along with their directors, employees and Secretary are hereby ENJOINED and RESTRAINED from implementing the Pause of new oil and natural gas leases on public lands or in offshore waters as set forth in Section 208 of Executive Order 14008, 86 Fed. Reg. 7619, 7624-25 (Jan. 27, 2021) as to all eligible lands, both onshore, and offshore.
Additionally, said Agency Defendants shall be ENJOINED and RESTRAINED from implementing said Pause, with respect to Lease Sale 257, Lease Sale 258, and all eligible lands onshore. This preliminary injunction shall remain in effect pending the final resolution of this case, or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court. No security bond shall be required under Federal Rule of Civil Procedure 65.
In one of the articles that I saw, Biden mentioned that Haaland was concerned with being held IN CONTEMPT OF COURT if they didn't establish that they were complying by following the Louisiana order (while pending the appeal and subsequent suit by the environmental groups).
(sorry I unloaded this on you

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Judge throws out Biden administration's massive Gulf of Mexico oil and gas lease sale [View all]
former9thward
Jan 2022
OP
Rather confusing until you read the link This is a good thing, a win for Biden...
Enter stage left
Jan 2022
#1
Yup. Biden was forced to follow through on some tRump garbage, but now is free of it. . . . nt
Bernardo de La Paz
Jan 2022
#27
Was just about to post - this is actually a "win" for the Biden administration
BumRushDaShow
Jan 2022
#2
It's confusing because there are all kinds of politics involved in how this played out
BumRushDaShow
Jan 2022
#22
Yes the headline stinks and some people here have run with it without reading. . . . nt
Bernardo de La Paz
Jan 2022
#42
Did you read the article that you posted or were just going for the headline?
BumRushDaShow
Jan 2022
#8
Easier to go along with the sale and focus the energy on appealing the case altogether.
cstanleytech
Jan 2022
#25
They WERE forced. They DID appeal. They lost the appeal. Enviros won a NEW case. WaPo says!
Bernardo de La Paz
Jan 2022
#28
Think again. Courts ORDERED sale to go ahead Nov 2021. WaPo article Jan 27, 2022. . . nt
Bernardo de La Paz
Jan 2022
#30
The headline/story seemed counter-intuitive in context with Biden's goals on climate change agenda
msfiddlestix
Jan 2022
#7
People (environmentalists) can SAY all they want in June. By August it was clear sale HAD to occur
Bernardo de La Paz
Jan 2022
#31
NO. They could not wait. You don't know what an injunction is. Read the rulings.
Bernardo de La Paz
Jan 2022
#40
As much as some may like to throw shade on Bezos, this is on the WP, not Bezo. He does not
JohnSJ
Jan 2022
#35
This was what the judge who put the injunction in place wrote in his 44 page June 2021 ruling
BumRushDaShow
Jan 2022
#43