Alaska Industrial Development and Export Authority v. U.S. Department of the Interior

CourtDistrict Court, District of Columbia
DecidedFebruary 23, 2024
DocketCivil Action No. 2023-3126
StatusPublished

This text of Alaska Industrial Development and Export Authority v. U.S. Department of the Interior (Alaska Industrial Development and Export Authority v. U.S. Department of the Interior) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alaska Industrial Development and Export Authority v. U.S. Department of the Interior, (D.D.C. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY, Case No. 23-cv-3126 (JMC) Plaintiff,

v.

U.S. DEPARTMENT OF THE INTERIOR, et al.,

Defendants.

MEMORANDUM OPINION

In late 2021, the Alaska Industrial Development and Export Authority (AIDEA) sued

President Joe Biden, the U.S. Department of the Interior (DOI), and the Bureau of Land

Management (BLM) in the District of Alaska, challenging the Biden Administration’s “temporary

halt on all Department activities related to the [Coastal Plain Oil and Gas Leasing] Program” in

the Arctic National Wildlife Refuge in Alaska. See AIDEA v. Biden (AIDEA I), No. 3:21-cv-00245

(SLG), 2023 WL 5021555, at *3 (D. Alaska Aug. 7, 2023). 1 Under this temporary moratorium,

Plaintiff could not make use of the seven leases it had acquired for gas and oil exploration in the

Refuge and was forced to wait while Defendants conducted “supplemental environmental review

aimed at correcting alleged legal deficiencies” in the “underlying record supporting the leases.”

Id. at *3–4. The District of Alaska rejected the AIDEA’s challenge, concluding that it was “well

1 Unless otherwise indicated, the formatting of citations has been modified throughout this opinion, for example, by omitting internal quotation marks, emphases, citations, and alterations and by altering capitalization. All pincites to documents filed on the docket in this case are to the automatically generated ECF Page ID number that appears at the top of each page.

1 within DOI’s authority to issue leases pursuant to the Program and to pause lease implementation

to address legal errors that could lead a federal court to reject the Program.” Id. at *25.

The AIDEA now sues the DOI and BLM again, this time in the District of Columbia, and

this time challenging Defendants’ recent decision to cancel the leases after “determin[ing] that the

leases were improperly issued due to pre-leasing legal defects.” ECF 11 ¶ 39. While Defendants

have already filed an answer and administrative record, ECF 20; ECF 18, they have also moved to

transfer this action to the District of Alaska, arguing that the situs of Plaintiff, Plaintiff’s prior

lawsuit, and the Refuge itself is the superior forum, ECF 7. This Court agrees. Despite the

AIDEA’s contrary position, ECF 10, it makes little sense to adjudicate this matter in a forum to

which Plaintiff has no connection when the subject matter of the lawsuit sits in another state, on

the other side of the continent, and where a court has already ruled on a similar dispute involving

these very Parties.

As such, and for the reasons set out below, the Court will GRANT the Government’s

motion to transfer to the U.S. District Court for the District of Alaska.

I. BACKGROUND

The Arctic National Wildlife Refuge is a federally protected wildlife area spanning

approximately 18.9 million acres of land in the northeast corner of Alaska. Gwich’in Steering

Comm. v. Bernhardt, No. 3:20-cv-00204 (SLG), 2021 WL 46703, at *1 (D. Alaska Jan. 5, 2021)

(citing 16 U.S.C. § 3101 et seq.). Within the Refuge, approximately 1.5 million acres bordering

the Beaufort Sea are designated as the Coastal Plain, an area which Congress has long recognized

as a region with potential for “oil and gas exploration, development, and production.” 16 U.S.C.

§ 3142 (codifying Section 1002 of the Alaska National Interest Lands Conservation Act

2 (ANILCA), Pub. L. 96-487 (Dec. 2, 1980)). 2 For decades, however, the actual production of oil

and gas from the Refuge was prohibited, and “no leasing or other development leading to

production of oil and gas from the range [would] be undertaken until authorized by an Act of

Congress.” Id. § 3143.

In 2017, Congress passed such an Act authorizing (and in fact mandating) an oil and gas

program in the Refuge. In Section 20001(b)(2)(A) of Public Law 115-97, otherwise known as the

Tax Cuts and Jobs Act of 2017, Congress instructed the Secretary of the Interior to “establish and

administer a competitive oil and gas program for the leasing, development, production, and

transportation of oil and gas in and from the Coastal Plain.” Over the next three years, the DOI

issued a final environmental impact statement, published a Record of Decision, and opened up

competitive bidding for various tracts of land on the Plain. ECF 11 ¶¶ 18–19. Several

environmental organizations filed suit in the District of Alaska to enjoin the leasing program, but

none were successful. See, e.g., Gwich’in Steering Comm., 2021 WL 46703, at *1 (single order

denying preliminary injunction motions in “three [separate] actions” brought by distinct plaintiffs);

State of Washington v. Haaland, No. 3:20-cv-00224 (SLG) (D. Alaska) (similar lawsuit filed

September 9, 2020, but with no motion for preliminary injunction). The lease sale occurred on

January 6, 2021, as planned. AIDEA I, 2023 WL 5021555, at *2. Three bidders took part, id.,

including the AIDEA—a public corporation created by the Alaskan legislature to “promote,

2 The Court cannot help but acknowledge that the exact boundaries of the Coastal Plain have been a topic of confusion and controversy. While ANILCA defined the Coastal Plain as the “area identified as such in the map entitled ‘Arctic National Wildlife Refuge,’ dated August 1980,” 16 U.S.C. § 3142(b)(1), that 1980 map has been missing for decades. Congress has relied on new maps since the loss of the original, see CRS Report RL33872, Arctic National Wildlife Refuge (ANWR): An Overview at 7 & n.32 (citing CRS Report RS22326, Legislative Maps of ANWR), but these new maps have raised concerns for some, see, e.g., Felicity Barringer, Arctic Map Vanishes, and Oil Area Expands, N.Y. TIMES (Oct. 21, 2005). That said, the 2017 law at the center of this dispute leaves no doubt that the Coastal Plain is now defined by reference to two new, presumably extant maps “dated October 24, 2017.” See Pub. L. 115-97, Section 20001(a) (stating that these maps are “on file with the United States Geological Survey and the Office of the Solicitor of the Department of the Interior”).

3 develop, and advance the general prosperity and economic welfare of the people of the state,”

Alaska Stat. §§ 44.88.020, 44.88.070. After bids were reviewed, the AIDEA was awarded the

opportunity to enter lease agreements for nine tracts of land and chose to enter agreements for

seven (two tracts went to the remaining two bidders). AIDEA I, 2023 WL 5021555, at *2; ECF 11

¶¶ 19–20. However, this victory was short lived.

Two weeks after the AIDEA was awarded its leases, the Coastal Plain Program came to a

halt. On January 20, 2021, under a new presidential administration, the DOI revisited the Program

to investigate its concerns that the prior environmental impact statement was insufficient and that

the issuing of leases was unlawful. AIDEA I, 2023 WL 5021555, at *2–3. Pending supplemental

environmental review, the DOI announced a “temporary moratorium” on the Program, during

which it would suspend all leases and associated operations. Id. at *3. With the long-term viability

of these newly awarded leases in question, the BLM gave lessees an opportunity to cancel their

leases and receive refunds of their bids. Id.

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