Two judges in the Ninth Circuit issued an overly strict interpretation that requires companies wanting to drill for oil in the waters off the north coast of Alaska to perform studies under NEPA, the National Environmental Policy Act, that examine very detailed effects of the drilling configuration sought to be installed. Such studies cannot be performed without conducting the kind of full-scale test that would require a permit, a Catch-22.
The NAM joined with the Mountain States Legal Foundation and the Chamber of Commerce in an amicus brief urging further review of this decision by a larger group of Ninth Circuit judges. We argued that there should be a "full and fair discussion" of environmental impacts, which is enough to constitute a "hard look" to satisfy NEPA, and that the new, tougher standard adopted by 2 of the 3 judges in this case went too far.
Facilitating oil exploration and development in Alaska is needed to increase America's access to domestic sources of reliable energy. It is part of the NAM's comprehensive energy strategy to adequately address our nation’s energy needs.
In an order dated March 6, 2009, the Ninth Circuit withdrew the 3-judge opinion and planned to issue a new one. However, Shell withdrew its drilling plan in May, 2009, and submitted a new scaled-back proposal for the 2010 season. The court dismissed the case as moot.