February, 08 2023, 03:44pm EDT

Conservation Groups to Defend Biden Administration Postponement of Oil, Gas Lease Sales
Wyoming, industry double down on failed attempt to rewrite the law for oil and gas companies
CASPER, Wyoming
Seventeen groups represented by Earthjustice and the Western Environmental Law Center moved to intervene today to defend the Biden administration’s postponement of several oil and gas lease sales. A September ruling in U.S. District Court in Wyoming affirmed the administration’s ability to postpone lease sales, but the state of Wyoming and industry groups are suing in an attempt to rewrite the law to benefit fossil fuel companies.
“This is nothing more than an effort to hand over management of our public lands to the oil and gas industry,” said Michael Freeman, senior attorney with Earthjustice’s Rocky Mountain Office. “The law is clear that the Department of the Interior and Bureau of Land Management have broad discretion to determine when, where, and whether to hold oil and gas lease sales. The administration has followed the law, but the fossil fuel industry is attempting to rewrite the law in its favor.”
In December, Wyoming and two industry trade groups challenged the U.S. Bureau of Land Management’s (BLM) decision not to hold lease sales during parts of 2021 and 2022. Even though the BLM has numerous lease sales scheduled in 2023 – nearly half a million acres are being considered for leasing – the plaintiffs claim the agency has an “unwritten policy” pausing leasing and want the court to order the Department of the Interior (DOI) and the BLM to hold lease sales every three months across the West. The Supreme Court and 10th U.S. Circuit Court of Appeals have ruled that the Interior Department and the BLM have broad discretion to determine the timing and scope of lease sales, including not holding them at all.
“Forcing Interior to lease without fully weighing public impacts is industry’s attempt to continue looting public resources by accumulating excess leases at bargain basement prices,” said Bob LeResche, Powder River Basin Resource Council board member and chair of Western Organization of Resource Councils. “Industry already has more than 26 million acres of public mineral estate tied up in oil and gas leases, and drillers have stockpiled more than 9,000 federal drilling permits. The industry could continue drilling and producing as normal for decades even with no new leases.”
In September U.S. District Judge Scott Skavdahl rejected similar claims by the fossil fuel industry and Wyoming. The judge held that the BLM had acted within its legal authority when it postponed lease sales to ensure that it fully considered potential environmental harms.
“This is an attempt to strip away the crucial role and authority of the Department of the Interior to determine how to manage public lands to best serve the public interest,” said Julia Stuble, Wyoming senior manager at The Wilderness Society. “Handing over this power to the oil and gas industry would threaten not only public lands, but also the communities that depend on them for clean air and clean water, along with efforts to transition to a just, clean energy future.”
“Last year, the court affirmed the Bureau of Land Management’s authority to postpone oil and gas lease sales in order to make certain they adhere to the law,” said Melissa Hornbein, senior attorney at the Western Environmental Law Center. “The court should shut down Wyoming and the oil and gas industry’s transparent attempt to circumvent this basic principle.”
“Today’s filing demonstrates that we refuse to sit back and allow Big Oil to push for policies that perpetuate dirty energy,” said Hallie Templeton, legal director for Friends of the Earth. “The law is crystal clear: the federal government holds broad authority over whether, when, and how to lease public lands for oil and gas development. The energy sector should be looking to the future of justly sourced renewable energy, not pushing outdated technology that exploits people and the planet.”
“This lawsuit is just another ploy by the fossil fuel industry and its political stooges to wrest control of the public’s land for more climate-destroying profits,” said Taylor McKinnon of the Center for Biological Diversity. “The federal government retains broad power to manage public land for the public good, and that includes not leasing land for more fracking industrialization.”
“It is clearly within the Department of Interior’s authority to decide when and where to lease for fossil fuel development, including any pause to review the rules. It’s long overdue for the federal oil and gas program to be updated to ensure protections for public health, environment, wildlife and communities,” said Barbara Vasquez, board member of the Western Organization of Resource Councils from Cowdry, Colorado. “In my community, we are experiencing firsthand what is at stake when BLM leases public lands for oil and gas. When leases are developed, rural landscapes and communities are industrialized with the inevitable spills and emissions hazardous to public health and environment. But you don’t have to live next door. Climate change is driving our accelerating transition to renewables and calling for the managed decline of fossil fuel development on public lands. The BLM must be a leader on this change.”
“For too long BLM has blindly leased public lands to oil and gas companies without actually understanding the impacts of development,” said Peter Hart, attorney with Wilderness Workshop. “Now the agency is working to reevaluate its oil and gas management and to assess impacts, like those that new development will have on the climate. It just makes sense to pause new leasing until the program is brought into this century, and it is well within the agency’s authority.”
“Our public lands must be part of the climate solution, instead of making the problem worse,” said Connie Wilbert, director of Sierra Club Wyoming. “Stabilizing our climate for future generations means protecting public land from oil and gas development, and despite what Wyoming and the oil and gas industry claim, the Department of Interior clearly has the right to postpone lease sales.”
“The Department of the Interior needs the latitude to manage our public lands, to permanently protect treasures such as Grand Teton National Park and its surrounding landscape,” said Matt Kirby, senior director of landscape conservation for the National Parks Conservation Association. “We reject this attempt to force fossil fuel development on America’s public lands, in spite of what is in the public interest and may threaten national parks.”
Earthjustice and the Western Environmental Law Center represent a coalition of conservation and citizen groups in the Wyoming litigation. Earthjustice represents Friends of the Earth, National Parks Conservation Association, Sierra Club, Southern Utah Wilderness Alliance, The Wilderness Society, Valley Organic Growers Association, Western Colorado Alliance, Western Watersheds Project, and Wilderness Workshop. The Western Environmental Law Center represents the Center for Biological Diversity, Citizens for a Healthy Community, Diné Citizens Against Ruining Our Environment, Food & Water Watch, Montana Environmental Information Center, Powder River Basin Resource Council, Western Organization of Resource Councils, and WildEarth Guardians.
Filings available here:
https://westernlaw.org/wp-content/uploads/2023/02/Conservation-Groups-MTI-23-cv-001.pdf
https://westernlaw.org/wp-content/uploads/2023/02/Conservation-Groups-MTI-22-cv-252.pdf
https://westernlaw.org/wp-content/uploads/2023/02/Conservation-Groups-MTI-22-cv-247.pdf
https://westernlaw.org/wp-content/uploads/2023/02/Ex.-1-Supporting-Decls.-22-cv-247.pdf
Friends of the Earth fights for a more healthy and just world. Together we speak truth to power and expose those who endanger the health of people and the planet for corporate profit. We organize to build long-term political power and campaign to change the rules of our economic and political systems that create injustice and destroy nature.
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Mike Lee Tries to Sneak Public Land Sale Back Into 'Big, Ugly Bill' Ahead of Senate Vote
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Ahead of a vote on Republicans' budget reconciliation package expected as soon as noon Saturday, U.S. Senate Committee on Energy and Natural Resources Chair Mike Lee revived his effort to sell off public lands.
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"Here we go again," Sen. Ron Wyden (D-Ore.) said on social media after Lee released new text for his committee late Friday.
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Athan Manuel, director of Sierra Club's Lands Protection Program, said in a Saturday morning statement that "the new version of Mike Lee's public lands sell-off is like cutting 'most' of the mercury out of your diet. The fact of the matter is that Mike Lee has spent the better part of a decade trying to privatize our public lands, and with his new power in the Senate, he's trying to push that agenda even further without public input, without transparency, and shame."
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"From the Sierra Club to Joe Rogan, everybody is pissed off about Republicans' public lands sell-off," he wrote on social media Friday. "This is the broadest coalition I've seen around public lands in my lifetime, so keep making sure your voices are heard because we're winning."
Jane Fonda's climate-focused political action committee similarly stressed on social media Friday that "Lee is committed to including a massive public land sale provision in the Big Beautiful Bill. We need you to keep up the pressure and reach out to your senators today and demand they reject any new sales of public lands in this legislation."
And it's not just the land sales in the Friday night text of what critics call the "big, ugly bill." It also "creates new fees for renewable energy projects on public lands, and cuts royalty rates for oil, gas, and coal production on public lands," noted Sam Ricketts, co-founder of S2 Strategies, which is working to build a clean energy economy. "Make it make sense."
As Manuel and Heinrich pointed out, some right-wingers are also outraged by Lee's push to sell off public lands. Benji Backer, founder of Nature Is Nonpartisan and the American Conservation Coalition, took aim at the committee chair on social media Friday night.
"Mike Lee just quietly doubled down on his mass public lands sel-loff by releasing new text," Backer said. "The Senate could consider it as soon as tomorrow. The secrecy is gross—and intentional. Lee knows it's his only path. America, we NEED to stand strong.
Tagging the Senate GOP account and Majority Leader John Thune (R-S.D.), Backer added that "Americans are entirely UNITED in opposition against this. Please ask Sen. Lee to let this provision... stand on its own—at the very least."
Even if the Senate somehow advances Lee's legislation, it could face trouble in the House of Representatives, which is also narrowly controlled by the GOP. On Thursday, Republican Reps. Ryan Zinke (Mont.), David Valadao (Calif.), Mike Simpson (Idaho), Dan Newhouse (Wash.), and Cliff Bentz (Ore.) warned that "we cannot accept the sale of federal lands that Sen. Lee seeks."
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Nearly all U.S. Senate Republicans and Democratic Sen. John Fetterman of Pennsylvania on Friday evening blocked a resolution that reiterated Congress' authority to declare war and would have ordered President Donald Trump to stop taking military action against Iran without congressional approval.
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Citing the U.S. Constitution and the War Powers Resolution of 1973, Kaine's measure states that "the question of whether United States forces should be engaged in hostilities against Iran should be answered following a full briefing to Congress and the American public of the issues at stake, a public debate in Congress, and a congressional vote."
Pointing to various other federal laws, Kaine's resolution "directs the president to terminate the use of United States Armed Forces for hostilities against the Islamic Republic of Iran or any part of its government or military, unless explicitly authorized by a declaration of war or specific authorization for use of military force against Iran."
In a statement after Friday's 47-53 vote, Kaine said that "the Framers of our Constitution gave Congress the power to declare war because they believed that the decision to send our nation's men and women in uniform into harm's way was too big for any one person. The Trump administration's chaotic strategy on Iran confused the American people and created significant risks for service members and their families."
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We took an oath to defend the Constitution - just like every Senator. Today, Republicans broke that oath. We WILL hold them accountable. (2/2)
— VoteVets (@votevets.org) June 27, 2025 at 7:09 PM
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Ahead of the Senate's vote, more than 41,000 people nationwide had signed a petition from the progressive group MoveOn Civic Action that calls on Congress to vote for the resolutions in both chambers.
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All four Muslim members of the U.S. House of Representatives on Friday condemned their colleagues' Islamophobic attacks on Democratic New York City mayoral nominee Zohran Mamdani, which have come not only from Republicans but also from at least two congressional Democrats representing the candidate's home state.
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Mamdani—a democratic socialist who would be the first Muslim mayor of the nation's largest city if he wins November's general election—has come under fire by Republicans including Rep. Andy Ogles of Tennessee, who on Thursday formally appealed to U.S. Attorney Pam Bondi to initiate proceedings to denaturalize and deport "little Muhammad."
Earlier this week, Rep. Nancy Mace (R-S.C.) posted a photo of Mamdani wearing a traditional tunic with the caption, "After 9/11 we said, 'Never Forget.' I think sadly we have forgotten."
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Freshman Rep. Lauren Gillen (D-N.Y.) also falsely accused Mamdani of "a deeply disturbing pattern of unacceptable antisemitic comments."
The four Muslim lawmakers said in their statement that "these hateful, Islamophobic, and racist tropes have become so entrenched and normalized in our politics."
"We know these attacks all too well," they added.
Omar and Tlaib have been on the receiving end of Islamophobic attacks by House colleagues and outside death threats for years, stemming in part from Omar's status as refugee and Tlaib's as the only Palestinian American in Congress.
Like Mamdani, both lawmakers have also been targeted from both sides of the aisle for their support for Palestinian liberation, as well as their opposition to Israel's invasion, occupation, colonization and apartheid in Palestine, and the assault and siege of Gaza that are the subject of an ongoing International Court of Justice genocide case.
Advocacy groups have reported a sharp increase in anti-Muslim and anti-Palestinian hate incidents since the October 7, 2023 Hamas-led assault on Israel, a climate reminiscent of the pervasive Islamophobia following the September 11, 2001 attacks. There has also been a surge in antisemitism as Israeli forces obliterate Gaza, although critics have decried the widespread conflation of opposition to Zionism with hatred of Jewish people by groups including the Anti-Defamation League.
"At a time of increased violence against elected officials, we cannot allow the attacks on Zohran Mamdani to continue," the four lawmakers stressed. "They directly contribute to the ongoing dehumanization and violence against Muslim Americans. We unequivocally reject the normalization of anti-Muslim hate and fearmongering and call on elected leaders across our country to speak out."
Rep. Pramila Jayapal (D-Wash.) also issued a statement Friday condemning the "outpouring of disgraceful, dangerous, racist ideology from sitting members of Congress and [Trump] administration officials following Zohran Mamdani's win in the New York mayoral primary."
Jayapal continued:
The constant displays of Islamophobia are an affront to the millions of Muslim Americans and Muslims around the world. One of the most jarring called for the denaturalization and deportation of Mr. Mamdani, an American citizen who just won a massive Democratic primary with more votes than that member, Mr. Ogles, could ever hope to win. This is an insult to voters in New York City who take democracy seriously.
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