Another part of the CNN article that’s important is:
The administration felt it was constrained legally and had few options to cancel or significantly curtail the project – which was initially approved by the Trump administration. The administration determined that legally, courts wouldn’t have allowed them to fully reject the project, two government sources familiar with the approval told CNN.
Or from the Business Insider article:
A Biden administration official insisted that the government’s hands were tied by leases granted to ConocoPhillips by prior administrations. The official noted that the administration is limiting drilling to three of the five proposed sites and that the company will give up 68,000 acres of existing leases.
“The company has a legal right to those leases,” the official told Insider in a statement. “The Department’s options are limited when there are legal contracts in place. Courts would not allow a full denial of the project.”
In other words, the choice was not “keep promise to not approve drilling or break it” as the Business Insider headline insinuates but “approve this project now in a scaled-back form, or be ordered to do so (and possibly the full project) by a court later.” Unless the people pushing the “broken promise” narrative are sub silentio calling the Biden administration officials/sources liars.
Including that in the article and then barreling ahead as if it’s not there and the Biden administration made its decision as a wholly political calculus with no legal aspect is IMO disingenuous. Call the sources liars. Or trot out another legal talking head (I’m sure the environmental groups planning to sue about the approval have more than one) expressly opining that the government had a good chance of winning in court.
Maybe the Biden administration should have denied the permits and fought ConocoPhillips in court even strongly believing they’d lose, which would also have been politics; in this case, signaling to the oil industry on one side and environmentalists on the other that Biden really, really means no more permits. And the DOJ probably has more attorneys than ConocoPhillips. And there’s always a chance your assessment is wrong and you win in court.
However, most potential litigants who are fairly sure they’re going to lose in court settle out of court, which – especially in getting the project down from five sites to three – is essentially what the Biden administration did. And then, if they’re prudent, they make changes and take countermeasures to avoid the situation arising again, which the Biden administration also did:
The White House on Monday made the entire US Arctic Ocean off limits to future oil and gas leasing. The administration will also later announce new rules to protect more than 13 million acres in the federal National Petroleum Reserve in Alaska from drilling.
In all, the administration will move to protect up to 16 million acres from future fossil fuel leasing.