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ConocoPhillips’ winter oil exploration plans can go ahead, federal judge rules

Environmental and tribal groups had challenged a federally approved effort to search for oil in parts of the National Petroleum Reserve-Alaska

A few snow drifts remain on June 18, 2004, on the Arctic coastal plain of the National Petroleum Reserve in Alaska. (Craig McCaa/U.S. Bureau of Land Management)
A few snow drifts remain on June 18, 2004, on the Arctic coastal plain of the National Petroleum Reserve in Alaska. (Craig McCaa/U.S. Bureau of Land Management)

By James Brooks

Alaska Beacon


A federal judge in Alaska declined on Tuesday to stop oil exploration efforts by ConocoPhillips in the federally controlled National Petroleum Reserve-Alaska on the North Slope.


In a 17-page order, Judge Sharon Gleason concluded that a group of environmental and tribal groups did not show that they were likely to succeed in a lawsuit seeking to block the company’s program, and for that reason she denied their request for a preliminary injunction that sought to stop the company’s work.


Sovereign Iñupiat for a Living Arctic, the Center for Biological Diversity and The Wilderness Society filed suit against Interior Secretary Doug Burgum in December, saying that ConocoPhillips’ work would damage the area’s tundra. 


They claimed the Bureau of Land Management used arbitrary standards when approving ConocoPhillips’ work.

Gleason concluded otherwise, writing, “BLM conducted a reasonably thorough analysis of the impacts of the Winter Program on tundra in the project area on various types of vegetation. BLM concluded that it ‘expected impacts to vegetation would be minor and would be further minimized through applicable mitigation measures.’”


Gleason’s decision came days after a mobile oil rig known as Doyon 26 tipped over while being transported for use in the exploration program. She concluded that, based on a ConocoPhillips report, the accident didn’t merit a delay in her decision, and the company said the work would continue with a substitute rig.


“ConocoPhillips welcomes the District Court’s decision denying the preliminary injunction motion, enabling our exploration program to continue as planned,” said Megan Phillips, director of communications and community investment for ConocoPhillips Alaska, by email. “We recognize the strategic importance of resource development in the state and look forward to building on our track record of responsibly exploring and developing Alaska’s resources in ways that benefit all Alaskans.”


The plaintiffs in the case said they were disappointed by Gleason’s decision.


“This ruling is difficult for many of us who live close to these decisions and their consequences, especially as we are still processing the recent rig collapse and diesel spill near Nuiqsut,” said Nauri Simmonds, executive director of Sovereign Iñupiat for a Living Arctic. “Incidents like this show how quickly risks on the land become risks for the people who rely on it. Our safety, our food sources, and the places we depend on deserve more than rushed approvals and delayed explanations. While this ruling allows exploration to continue for now, we remain committed to ensuring the Western Arctic is treated with the care and respect that future generations deserve.”


While limited to ConocoPhillips’ winter drilling program, Gleason’s decision comes as courts consider legal challenges to oil work in the National Petroleum Reserve, which is located to the west of Prudhoe Bay.


Until recently, most North Slope oil development has taken place on state land. Future development is expected to occur in the reserve and in the Arctic National Wildlife Reserve to the east of Prudhoe Bay. 

Orders like the one published this week could lay the legal groundwork for future cases affecting development on federal land in the area.


• James Brooks is a longtime Alaska reporter, having previously worked at the Anchorage Daily News, Juneau Empire, Kodiak Mirror and Fairbanks Daily News-Miner. Alaska Beacon is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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