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Oil and Gas Lease Sale in the Chukchi Sea

Walrus in the Arctic's Chukchi Sea.

Walrus in the Arctic's Chukchi Sea.

USGS Photo

Case Overview

Alaska's Chukchi Sea, part of America's Arctic, provides vital habitat for polar bears, endangered bowhead whales, walrus, beluga whales, seals, fish and marine birds. Alaska native communities along the Chukchi Sea practice a subsistence way of life and have depended on the resources of this sea for their cultural and nutritional well-being for thousands of years.

In recent years, the wildlife and people of this poorly-understood but precious and vibrant region have experienced dramatic impacts from climate change, melting sea ice, declining wildlife populations and eroding shorelines. In February 2008, in the face of these dramatic changes, huge gaps in basic scientific information about the region, an admission that there is no way to clean up oil in the icy waters that prevail in the Chukchi Sea during most of the year, and warnings from government scientists, the Bush Interior Department offered 30 million acres of this sensitive Arctic ecosystem for oil and gas leasing, an important first step in committing an area to oil and gas development.

The environmental impact statement prepared by the Mineral Management Service (part of the Department of the Interior, since renamed the Bureau of Ocean Energy Management, Regulation and Enforcement) in connection with the lease sale failed, among other things, to properly evaluate basic scientific information about the Chukchi Sea and the effects of oil and gas activities there and to obtain that information if possible.

Shortly before the lease sale was held, Earthjustice filed suit on behalf of a broad group of Alaska native organizations and conservation groups challenging the adequacy of the agency's environmental impact statement. In August 2010, the Alaska Federal District Court sided with the plaintiffs, ruling, among other things, that the agency had failed to determine the importance of the missing scientific information about the region before letting the lease go forward. The ruling sent the environmental impact statement back to the agency for further analysis. The agency is now in the process of preparing a supplemental environmental impact statement and re-evaluating the lease sale.

Case Updates

April 24, 2014 | In the News: Los Angeles Times

Judge Suspends Arctic Drilling, Orders New Environmental Report

A federal judge ordered to redo an environmental impact study on Arctic drilling plans which substantially underestimated the amount of recoverable oil and the potential risks to the region. "We’re hopeful the government will come to the conclusion that it’s wrong to sell the leases," said Earthjustice attorney Erik Grafe. "I’m not sure how long it will take for the new study but the government has a lot of work ahead of itself. It’s a big opportunity for the government to choose a better path in the Arctic."

January 22, 2014 | In the News: Associated Press

Victory for the Arctic, Shell's Oil Exploration Permits Get Retracted

A U.S. Court of Appeals ruled that the Department of the Interior violated the law when it sold offshore oil and gas leases, including those on which Shell planned to drill in the Chukchi Sea off the Coast of Alaska. Earthjustice argued that the permits were issued without an adequate environmental impact assessment, given that the oil extraction estimate was too low and development was likely to be way more widespread.

January 22, 2014 | Blog Post

Getting It Right for the Arctic Ocean

Thanks to long-running Earthjustice litigation on behalf of Alaska Native and conservation groups, the Ninth Circuit Court of Appeals recently ordered the Department of the Interior to reconsider its decision to issue millions of acres of oil leases to companies like Shell and ConocoPhillips in the Chukchi Sea. In response, the government has suspended drilling there pending the review.

January 22, 2014 | Press Release

Court Denies Offshore Oil Lease Sale in America’s Arctic

Today, the Court of Appeals for the Ninth Circuit ruled that the Department of the Interior violated the law when it sold offshore oil and gas leases in the Chukchi Sea off the coast of Alaska. The decision stems from a lawsuit filed by a coalition of Alaska Native and conservation groups.

April 3, 2013 | Blog Post

Going to Extremes is Bad Energy Policy

Just as clean, renewable energy is lifting off and the impacts of climate disruption become ever more visible, fossil energy production is becoming dramatically more extreme. But extreme fossil energy production is exactly what we don’t need.

March 20, 2013 | In the News: The Salt Lake Tribune

Appeals court says Interior can change mind on oil and gas leases

A federal appellate court reinforced an important precedent by upholding a lower court’s decision to withhold drilling leases on public lands in Utah and Wyoming pending thorough environmental reviews.

Said Earthjustice attorney Melanie Kay, “Industry doesn’t get to call the shots here, the secretary does. These are all of our public lands.”