Further filing in NPR-A exploration appeal

Alan Bailey

for Petroleum News

Environmental organizations that, together with the village of Nuiqsut, have appealed the Bureau of Land Management’s environmental approval of ConocoPhillips’ 2018-19 National Petroleum Reserve-Alaska exploration program, have made a new filing in the case. The exploration in question involved the drilling of up to six exploration wells in or near the Bear Tooth unit, together with the construction of ice roads, ice pads, an airstrip and temporary accommodation. After the federal District Court rejected the appeal in January, the appeal was elevated to the U.S. Court of Appeals for the 9th Circuit.

Both BLM and ConocoPhillips have filed 9th Circuit briefs arguing, among other things, that the case is moot, since the exploration in question has already been completed, and because circumstances under which the project was approved have changed. The core of the case revolves around whether BLM should have prepared an environmental impact statement for the exploration project, rather than conducting an environmental assessment linked back to the EIS for BLM’s NPR-A integrated activity plan.

In their new 9th Circuit filing the environmental organizations have objected to a motion to supplement the court record, filed by ConocoPhillips on Oct. 16. This motion presents arguments for declaring the case moot. The organizations argue that the company, rather than presenting evidence in support of the mootness argument, simply commented that the exploration project in question had been completed without any significant environmental impact.

At issue is the question of whether the outcome of this appeal could become a precedent for future court decisions in similar cases. BLM and ConocoPhillips argue that the exploration project at issue was unique, and that a new NPR-A IAP and associated EIS have altered the environmental playing field under which future NPR-A exploration would be evaluated.

- ALAN BAILEY