New briefing schedule for Chukchi lawsuit

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Plaintiffs and defendants in an appeal in U.S. District Court for the District of Alaska against the February 2008 Chukchi Sea outer continental shelf oil and gas lease sale have agreed to establish a new briefing schedule, according to a status report filed with the court Dec. 18. The briefing schedule has been on hold since March pending issuance by the Minerals Management Service of an amended lease sale environmental assessment, required by the U.S. Court of Appeals for the District of Columbia in connection with a ruling by that court in an appeal against the MMS 2007 to 2012 OCS lease sale program. Plaintiffs in the district court case are concerned that, with MMS having conditionally approved Shell’s 2010 Chukchi Sea drilling plan, drilling may proceed before the appeal in district court is resolved.

“The plaintiffs’ goal is to arrive at a schedule that affords the court an opportunity to adjudicate their claims before drilling is scheduled to occur on Lease Sale 193 (Chukchi Sea) leases,” the status report says. “A proposed briefing schedule has been circulated, to which the plaintiffs and the federal defendants have agreed. … Once the schedule is finalized, an appropriate stipulation and proposed order will be submitted for the court’s consideration.”

—Alan Bailey