A federal appeals court panel on Friday upheld the approval of the Willow oil project on Alaska’s North Slope, despite identifying procedural flaws in the approval process.
This ruling from the 9th U.S. Circuit Court of Appeals continues a long-standing legal battle over the massive oil project, which was greenlit by then-President Joe Biden’s administration in March 2023 and is being developed by ConocoPhillips Alaska in the National Petroleum Reserve-Alaska.
While the court acknowledged a procedural error by the U.S. Bureau of Land Management (BLM), it deemed the error as not serious or substantive, allowing for the approval to remain intact.
The court instructed the BLM to conduct additional analyses on certain aspects of the project, affirming that vacating its approval would not only be unwarranted but could lead to severe consequences.
Judge Gabriel P. Sanchez dissented on the decision to uphold the approval, reflecting the division within the panel regarding the significance of the procedural error.
The legal journey for the Willow project has been tumultuous, especially after a previous version of the project was overturned in 2021 during the Biden administration, prompting a thorough environmental review.
Supporters of the Willow project, including Alaska’s Republican governor and congressional delegation, believe it is vital for the state’s economic future.
Many Alaska Native leaders in the North Slope region also express strong backing for the project, viewing it as essential for the economic viability of their communities.
However, environmental advocates have raised alarms, arguing that the project contradicts President Biden’s commitment to combat climate change and will provoke further industrial development in sensitive Arctic areas.
During his presidency, Trump advocated for an aggressive drilling policy in Alaska, utilizing executive orders to promote resource extraction within the state.
In the cold-weather months, ConocoPhillips has been actively constructing infrastructure for Willow, including gravel roads, bridges, and pipelines, with plans to begin oil production by 2029.
Following the court’s ruling, ConocoPhillips expressed its satisfaction, emphasizing its commitment to responsibly developing the Willow project.
The U.S. Department of the Interior, which oversees the BLM, refrained from commenting on ongoing litigation concerning the case.
This ruling followed a hearing held over a year ago, where environmental groups and the grassroots Iñupiat organization Sovereign Iñupiat for a Living Arctic challenged a lower court’s decision that upheld Willow’s approval.
The arguments presented to the appeals court centered around the claim that BLM had not adequately considered a comprehensive range of alternatives during its environmental review.
The groups contended that the agency limited its analysis to alternatives that allowed for complete development of the project.
In response, attorneys for ConocoPhillips pointed out that the leases are situated in areas designated for development, suggesting the agency had committed the land to production in previous lease agreements.
According to the ruling, the environmental review process utilized a framework based on the standard of full field development, yet the agency failed to clarify if its finalized plan adhered to this standard.
The ruling noted that while the BLM rationally justified the standard used for its environmental assessment, there was an oversight in deviating from that standard without relevant explanations.
Initially, ConocoPhillips proposed five drilling sites within the Willow project, but the BLM sanctioned only three sites, which would accommodate up to 199 wells.
Erik Grafe, an attorney representing Earthjustice for the groups that challenged the project, stated that while the ruling upheld significant aspects of the project, it also highlighted flaws in the approval process.
Grafe denoted the decision as a partial victory, indicating that the court found the BLM acted arbitrarily in its approval and mandated a reconsideration of the project’s approval in a more thorough and justified manner.
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