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Latest Gulf of Mexico oil and gas auction is on hold again after appeals court ruling - The Advocate

A New Orleans federal appeals court has paused a looming, albeit contested, Gulf of Mexico oil and gas auction scheduled for November, court records show.

Oil and gas supporters and environmentalists have fought over the fate of the auction ever since the Bureau of Ocean Energy Management planned to reduce the scope of the auction by several million acres about a month before the auction’s original late September date. That reduction was tied to a settlement the Biden administration reached with environmental groups in a separate court case related to marine species regulations from the Trump administration. That settlement was made in an effort to help the Rice’s whale, a critically endangered Gulf species.

Industry advocates cried foul, and the American Petroleum Institute — along with Chevron, Shell and Louisiana Attorney General Jeff Landry, now the state’s governor-elect — took the Biden administration to court over what they called “arbitrary and unlawful last-minute changes” to the auction. The auction, also known as a lease sale, will allow oil and gas companies to bid for potential exploration and extraction space in the Gulf.

U.S. District Judge James Cain sided with the oil coalition in late September, saying BOEM failed to properly follow its own procedures when making the changes. Cain told BOEM it had to hold the lease sale by Sept. 30. A three-judge panel for the Fifth Circuit Court of Appeals in New Orleans pushed that date back to Nov. 8 but otherwise kept Cain's ruling intact.

However, in a one-paragraph order issued Thursday, the Fifth Circuit stayed Cain’s ruling “pending the merits panel’s decision on appeal.” A hearing for oral arguments in the case has been set for Nov. 13.

No further explanation was offered for the order, which came from Lyle Cayce, the Fifth Circuit’s clerk of court.

This is a developing story.

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