Alaska has long been known for its natural beauty. With a former motto of "The Last Frontier," the state's majestic landscapes and unspoiled terrain serve as a constant draw for tourists. Given a recent court decision, those planning on experiencing the unique and challenging splendor of the Arctic National Wildlife Refuge might want to book their trip sooner rather than later.
On March 25, 2025, a District Judge vacated a Department of the Interior termination order concerning seven lease agreements with the Alaska Industrial Development and Export Authority (AIDEA), Alaska's state-owned investment bank. The ruling was based on the Interior Department acting without a Congressionally-required court order.
Where the Deer and the Caribou Play
The Arctic National Wildlife Refuge encompasses over 19.6 million acres, an area close in size to South Carolina. Utterly unspoiled, it contains no roads, established trails, or facilities within its borders. In addition to having populations of caribou, polar bears, wolves, and other species, it serves as the summer breeding ground for millions of birds. It's also home to Indigenous communities such as the Gwich'in.
The Refuge was created in 1980, but the debate over drilling there had already been raging for decades. To get the Alaska National Interest Lands Conservation Act passed, President Jimmy Carter had to give Congress the power to decide on whether or not to allow drilling.
A provision in 2017's Tax Cuts and Jobs Act during the first Trump administration opened the Refuge for oil and gas drilling, quickly followed by lawsuits against the Trump administration.
On January 6, 2021, the first auction for drilling rights in the Refuge drew only three bidders. AIDEA's winning bid was $14.4 million, less than 1% of what the Trump administration predicted it would generate. Two weeks later, newly inaugurated President Joseph Biden issued Executive Order #13990, which placed a moratorium on drilling in the Refuge while environmental concerns were addressed.
In June 2021, the Biden administration formally suspended all oil and gas drilling leases in the Refuge. The leases were canceled in September 2023, prompting a lawsuit from AIDEA.
Needed a Permission Slip
In her ruling, District Court Judge Gleason vacated the Interior Department's lease termination order. The Tax Act of 2017 bound the Interior Department's treatment of oil and gas leases to the Naval Petroleum Reserves Production Act of 1976, which states that leases known to contain valuable deposits of oil or gas may be canceled only by court order.
Newly installed Interior Secretary Doug Burgum announced the Department's intention to allow AIDEA to begin work, but no official announcement was immediately released in the ruling's aftermath.
The Gwich'in, along with numerous environmental groups, have promised to do everything possible to preserve the sanctity of the Refuge and the animals that live there. More lawsuits attempting to block AIDEA's search for fossil fuels may be on the horizon.
Related Resources
- What Are Executive Orders? What Are Their Limits? (FindLaw's Law and Daily Life)
- What Is Environmental Law? (FindLaw's Learn About the Law)
- Is There a Right to Peaceful Protest? (FindLaw's Enforcing Your Civil Rights)
