ConocoPhillips & State of Alaska respond to NPR-A legal challenge

Alan Bailey

for Petroleum News

There have been several court filings in a case in the Alaska District Court, in which three environmental organizations have challenged the legality of the exploration activities that ConocoPhillips plans in the National Petroleum Reserve-Alaska this year. ConocoPhillips plans to drill four exploration wells and conduct seismic surveying in the reserve.

As previously reported by Petroleum News, the organizations argue that potential environmental impacts from the planned exploration activities are likely to cause long term harm to soils, vegetation and wildlife in the reserve, including population-level impacts to Teshekpuk Caribou Herd that uses the region within which the exploration is planned to take place.

On Dec. 16 ConocoPhillips filed a preliminary response challenging the validity of the court case. The company listed a series of general challenges to the plaintiffs' claims, including an argument that the plaintiffs lack standing to bring their claims, an argument that the court lacks jurisdiction over some or all of the claims, and an argument that for various reasons some of the claims are barred from being considered.

The State of Alaska has intervened in the case in support of ConocoPhillips and has filed a "general denial," raising similar issues to ConocoPhillips.

On Dec. 11 the environmental organizations asked the court to issue an injunction, preventing ConocoPhillips proceeding with its exploration program until the court case has been resolved. And on Dec. 24 the State of Alaska filed a court document opposing the requested injunction, arguing that the environmental organizations' claims did not meet the threshold requirements for issuing an injunction. Also, an injunction, if issued, would cause significant harm to the Alaska economy, the state wrote.

- Alan Bailey