Jump to Navigation
Jump to Content

League of Conservation Voters v. Trump

ELR Citation: 48 ELR 20050
Nos. 3:17-cv-0101, (D. Alaska, 03/19/2018) (Gleason, J.)

A district court denied motions to dismiss environmental groups' lawsuit challenging Executive Order 13795, “Implementing an America-First Offshore Energy Strategy,” which reversed President Obama’s withdrawal of 128 million acres in the Arctic and Atlantic Oceans from future oil and gas leasing. The government argued that the federal defendants are immune from suit under sovereign immunity. But because the groups assert that the President acted beyond his delegated powers enumerated in OCSLA and the Constitution, the doctrine of sovereign immunity does not apply. The groups, therefore, need not demonstrate a congressional waiver of sovereign immunity in order to bring the suit. The government also argued that a court cannot issue declaratory relief against the President. But the groups are not seeking an injunction against the President. Rather, they seek only a declaration that he exceeded his authority. And the groups demonstrated standing. The case, therefore, may proceed.