Arctic Refuge Oil Leasing Approved, Now Come the Legal Battles

Under the Trump administration, the 1.5 million-acre arctic plain on the northern edge of the Arctic National Wildlife Refuge is now open for drilling. Next up, a call for oil lease sale nominations and industry and public comment of at least 30 days, followed by a notice of the lease sale.

Home to imperiled polar bears, the vast and far-ranging Porcupine Caribou herd, countless nesting birds, and the Gwich’in Indian Nation, this is America’s last great wilderness. After a forty-year battle to prevent oil extraction on the refuge, the announcement was a blow, but that may not be the end for this pristine ecosystem.

Opponents believe that the process for approval of drilling was rushed for political reasons resulting in a flawed and inadequate analysis of the environmental impacts in violation of the National Environmental Policy Act. In addition, they claim the approval is contrary to prohibitions on killing or harassing of polar bears under the Endangered Species Act and Marine Mammal Protection Act, and the protection of indigenous subsistence food-gathering rights under the Alaska National Interest Lands Conservation Act. Vast lakes, rivers and wetlands could be affected by drilling in the Coastal Plain through water quality impacts and mining and road building related to needed infrastructure.

Similarly, the Gwich’in Steering Committee which represents members of the Gwich’n Athabascan tribes located on both sides of the Canadian/Alaskan boarder, argues that approval of drilling violates a 1987 treaty that gives the Canadian Government oversight authority into the management of the Porcupine Caribou herd.  According to Arctic Today, Steering Committee Executive Director Bernadette Demientieff the “administration has done nothing but disrespect the Indigenous peoples that have occupied these lands. Our ways of life, our food security, and our identity is not up for negotiation. The fight is not over…”[1]

Due to the impacts of COVID-19 resulting in less transportation, which in-turned caused a drop in oil processes, oil and gas companies’ interest in drilling in remote and difficult conditions of Arctic Plain has been waning. So it remains to be see whether there will be any bids submitted on the leases.  Moreover, oil-tax initiative on the ballet in Alaska in November, Ballot Measure 1 would impose a 10 percent base tax on production form large North Slope oil fields and eliminate production tax credits. And finally, major banks, Goldman Sachs, JPMorgan Chase, Citigroup and Wells Fargo, have declared that they will not finance any development in the refuge. So the fights to save the Arctic Coastal Plain is not over yet.

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