Federal Court Overturns Obama-Era Coal Leasing Moratorium
In a significant victory for American energy, a federal appeals panel has vacated a lower court ruling that had placed a moratorium on new federal coal leasing. The ruling, issued by a three-judge panel from the U.S. Court of Appeals for the 9th Circuit, effectively kills the Obama-era action that had halted new coal leases on federal land.
The National Mining Association (NMA), along with the States of Montana and Wyoming, led the appeal against the 2022 lower court decision. The NMA praised the ruling as a victory for American-mined energy and recognized the need to dismiss the flawed ruling. NMA President and CEO Rich Nolan stated, “With this ruling, important projects can once again advance and support the production of affordable, reliable power to the grid, while creating jobs and economic development across the country.”
The 2016 moratorium on new coal leases was initially issued by then-Secretary of the Interior Sally Jewell. However, former Secretary Ryan Zinke rescinded the order in 2017, stating that halting the federal coal program was not in the public interest. While current Interior Secretary Deb Haaland revoked Zinke’s actions after taking office in 2021, she did not reinstate the coal leasing moratorium.
Environmental groups continued to challenge Zinke’s order in court, leading to the 2022 ruling that blocked the order, despite the Biden administration already rescinding it. However, the NMA and the States of Montana and Wyoming argued that the case was moot due to the Biden administration’s actions, rendering the 2016 moratorium dead.
The federal appeals panel agreed with the arguments presented by the NMA, Montana, and Wyoming, stating that the Haaland Order definitively revoked the Zinke Order. The panel emphasized that a challenge to the defunct Zinke Order is not valid and does not warrant the continuation of the moratorium.
Following the ruling, environmental plaintiffs in the case expressed disappointment and called for the Biden administration to take immediate action to ban coal leasing. However, the court’s decision highlights the importance of American-mined energy and its contribution to affordable and reliable power generation, job creation, and economic development across the country.
The overturning of the coal leasing moratorium is a positive development for the energy industry and demonstrates the Biden administration’s flawed approach to energy policy. As the country continues to rely on fossil fuels as a significant source of power, it is crucial to prioritize American energy production and promote the growth of domestic industries.
