BISMARCK – U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works (EPW) Committee, released the following statement after the Ninth Circuit U.S. Circuit Court of Appeals vacated a federal judge’s order for the U.S. Department of the Interior (DOI) to reevaluate a Trump administration’s elimination of Obama-era coal leasing restrictions.

“Coal is an essential component of our nation’s energy security strategy, and this reinstatement is a major victory for North Dakota and our fellow coal-producing states. Any suspension of federal coal leases cuts vital revenue and is a setback for affordable electricity for consumers. I commend the Ninth Circuit for reaching a decision which will make America more energy secure and ensure Americans have access to reliable energy resources.”

The National Mining Association and the states of Montana and Wyoming appealed the 2019 Montana federal court decision, stating the federal government violated the National Environmental Policy Act (NEPA) by failing to conduct an environmental review in connection with a 2017 Trump administration decision which lifted Obama-era restrictions called the Jewell Order. Lifting these restrictions directed the Bureau of Land Management (BLM) to make federal oil, gas, and solid mineral resources on public lands available "for the benefit of the citizens of the United States," and resume and expedite coal leasing applications.

In April 2021, DOI Secretary Deb Haaland revoked the reauthorization order, saying her decision was a way to "help make clear that we, as a department, have a mandate to act" on the climate crisis, according to court records. However, U.S. District Judge Brian Morris, in his August 2022 ruling, found Haaland had not actually reinstated the Obama-era moratorium or the Jewell Order, and instead left the DOI’s BLM to resume leasing on federal land for coal development. He ordered federal regulators to evaluate the consequences of the policy under the NEPA.